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CONSTITUTION 


OF THE 


STATE OF MISSOURI, 


ADOPTED IN CONVENTION AUGUST 2, 1875; 



PROHIBITING THE PAYMENT OF MISSING RAILROAD BONDS 


V 

ALSO 


THE ADDRESS OF THE CONVENTION 

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• TO THE PEOPLE OF THE STATE. 

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ELECTION: SATURDAY, OCTOBER 30, 1875. 


JEFFERSON CITY: 

JIEGAN & CARTER, STATE PRINTERS AND BINDERS. 

1875. 










STATE OF MISSOURI, j SS 

I, Michael K. McGrath, Secretary of State of the State of Mis¬ 
souri, hereby certify that I have collated the Constitution and Ordi¬ 
nance adopted in Convention August 2, 1875, and contained in the 
following pages, with the original roll of said Constitution and Ordi¬ 
nance on file in my office, and that the said pages contain a full, true 


and complete copy of said Constitution and Ordinance. 

In testimony whereof, I have hereunto set my hand and affixed my 

seal of office. Done at office, in the City of Jeffer¬ 
son, this nineteenth day of August, A. D. eighteen 
hundred and seventy-five. 

MICH’L K. McGRATH, 

Secretary of State. 







CONSTITUTION 

% 




PREAMBLE. 

We, the people of Missouri, with profound reverence for the Su¬ 
preme Ruler of the Universe, and grateful for His goodness, do, for 
the better government of the State, establish this Constitution. 

ARTICLE I. 

BOUNDARIES. 

Section 1. The boundaries of the State as heretofore established 
lay law, are hereby ratified and confirmed. The State shall have con¬ 
current jurisdiction on the river Mississippi, and every other river 
bordering on the State, so far as the said rivers shall form a common 
boundary to this State and any other State or States; and the river 
Mississippi and the navigable rivers and waters leading to the same, 
shall be common highways, and forever free to the citizens of this 
State and of the United States, without any tax, duty, impost or toll 
therefor, imposed by this State. 

ARTICLE II. 

BILL OF RIGHTS. 

In order to assert our rights, acknowledge our duties, and pro¬ 
claim the principles on which our government is founded, we declare : 

Section 1. That all political po wer is vested in, and derived from, 
the people; that all government of right originates from the people, 
is founded upon their will only, and is instituted solely for the good 
of the whole. 

Sec. 2. That the people of this State have the inherent, sole and 
exclusive right to regulate the internal government and police thereof, 
and to alter and abolish their Constitution and form of government 
whenever they may deem it necessary to their safety and happiness : 
Provided , such change be not repugnant to the Constitution of the 
United States. 

Sec. 3. That Missouri is a free and independent State, subject 
only to the Constitution of the United States ; and as the preservation 
of the States and the maintenance of their governments, are neces¬ 
sary to an indestructible Union, and were intended to co-exist with it, 
the Legislature is not authorized to adopt, nor will the people of this 
State ever assent to any amendment or change of the Constitution of 



4 


BILL OF BIGHTS. 


the United States which may in any wise impair the right of local self- 
government belonging to the people of this State. 

Sec. 4. That all constitutional government is intended to pro¬ 
mote the general welfare of the people: that all persons have a nat¬ 
ural right to life, liberty and the enjoyment of the gains of their own 
industry; that to give security to these things is the principal office 
of government, and that when government does not confer this secu¬ 
rity, it fails of its chief design. 

Sec. 5. That all men have a natural and indefeasible right to wor¬ 
ship Almighty God according to the dictates of their own conscience 
that no person can. on account of his religious opinions, be rendered 
ineligible to any office of trust or profit under this State, nor be dis¬ 
qualified from testifying, or from serving as a juror; that no human 
authority can control or interfere with the rights of conscience; that 
no person ought, by any law, to be molested in his person or estate, 
on account of his religious persuasion or profession; but the liberty 
of conscience hereby secured, shall not be so construed as to excuse 
acts of licentiousness, nor to justify practices inconsistent with the 
good order, peace or safety of this State, or with the rights of others. 

Sec. 6 . That no person can be compelled to erect, support or at¬ 
tend any place or system of worship, or to maintain or support any 
priest, minister, preacher or teacher of any secf, church, creed or de¬ 
nomination of religion; but if any person shall voluntarily make a 
contract for any such object, he shall be held to the performance of 
the same. 

Sec. 7. That no money shall ever be taken from the public treas¬ 
ury, directly or indirectly, in aid of any church, sect or denomination 
of religion, or in aid of any priest, preacher, minister or teacher thereof,, 
as such; and that no preference shall be given to, nor any discrimi¬ 
nation made against any church, sect or creed of religion, or any form 
of religious faith or worship. 

Sec. 8. That no religious corporation can be established in this 
State, except such as may be created under a general law for the pur¬ 
pose only of holding the title to such real estate as may be prescribed 
by law for church edifices, parsonages and cemeteries. 

Sec. 9. That all elections shall be free and open; and no power, 
civil or military, shall at any time interfere to prevent the free exer¬ 
cise of the right of suffrage. 

Sec. 10. That courts of justice shall be open to every person, and 
certain remedy afforded lor every injury to person, property or char¬ 
acter ; and that right and justice should be administered without sale,., 
denial or delay. 

Sec. 11. That the people shall be secure in their persons, papers, 
homes and effects, from unreasonable searches and seizures ; and no 
warrant to search any place, or seize any person or thing, shall issue 
without describing the place to be searched, or the person or thing to 
be seized, as nearly as may be; nor without probable cause, sup¬ 
ported by oath or affirmation reduced to writing. 

Sec. 12. That no person shall, for a felony, be proceeded against 
criminally, otherwise than by indictment, except in cases arising in 
the land or naval forces, or in the militia when in actual service in 
time of war or public danger; in all other cases, offenses shall be 
prosecuted criminally by indictment or information as concurrent 
remedies. 

Sec. 13. That treason against the State can consist only in levy¬ 
ing war against it, or in adhering to its enemies, giving them aid and: 



BILL OF RIGHTS. 


5 


comfort; that no person can be convicted of treason, unless on the 
testimony of two witnesses to the same overt act, or on his confession 
in open court; that no person can be attainted of treason or felony by 
the General Assembly; that no conviction can work corruption of 
blood or forfeiture of estate ; that the estates of such persons as may 
destroy their own lives shall descend or vest as in cases of natural 
death; and when any person shall be killed by casualty, there shall 
be no forfeiture by reason thereof. 

Sec. 14. That no law shall be passed impairing the freedom of 
speech ; that every person shall be free to say, write or publish what¬ 
ever he will on any subject, being responsible for all abuse of that 
liberty; and that in all suits and prosecutions for libel the truth 
thereof may be given in evidence, and the jury, under the direction 
of the court, shall determine the law and the fact. 

Sec. 15. That no ex post facto law, nor law impairing the obliga¬ 
tion of contracts, or retrospective in its operation, or making any 
irrevocable grant ofspecial privileges or immunities, can be passed by 
the General Assembly. 

Sec. 16. That imprisonment for debt shall not be allowed, ex¬ 
cept for the nonpayment of fines and penalties imposed for violation 
of law. 

Sec. 17. That the right of no citizen to keep and bear arms in 
defense of his home, person and property, or in aid of the civil power, 
when thereto legally summoned, shall be called in question; but 
nothing herein contained is intended to justify the practice of wear¬ 
ing concealed weapons. 

Sec. 18. That no person elected or appointed to any office or em¬ 
ployment of trust or profit under the laws of this State, or any ordi¬ 
nance of any municipality in this State, shall hold such office without 
personally devoting his time to the performance of the duties to the 
same belonging. 

Sec. 19. That no person who is now, or may hereafter become a 
collector or receiver of public money, or assistant or deputy of such 
collector or receiver, shall be eligible to any office of trust or profit in 
the State of Missouri under the laws thereof, or of any municipality 
therein, until he shall have accounted for and paid over all the pub¬ 
lic money for which he may be accountable. 

Sec. 20. That no private property can be taken for private use 
with or without compensation, unless by the consent of the owner, 
except for private ways of necessity, and except for drains and ditches 
across the lands of others for agricultural and sanitary purposes in 
such manner as may be prescribed by law; and that whenever an 
attempt is made to take private property for a use alleged to be pub¬ 
lic, the question whether the contemplated use be really public, shall 
be a judicial question, and as such judicially determined, without re¬ 
gard to any legislative assertion that the use is public. 

Sec. 2i. That private property shall not be taken or damaged 
for public use without just compensation. Such compensation shall 
be ascertained by a jury or board of commissioners of not less than 
three freeholders, in such manner as may be prescribed by law ; and 
until the same shall be paid to the owner, or into court for the owner, 
the property shall not be disturbed or the proprietary rights of the 
owner therein divested. The fee of land taken for railroad tracks 
without consent of the owner thereof, shall remain in such owner, 
subject to the use for which it is taken. 

Sec. 22. In criminal prosecutions the accused shall have the 





6 


DISTRIBUTION OF POWERS. 


right to appear and defend, in person and by counsel; to demand the 
nature and cause of the accusation; to meet the witnesses against him 
face to face; to have process to compel the attendance of witnesses in 
his behalf; and a speedy, public trial by an impartial jury of the 
county. 

Sec. 23. That no person shall be compelled to testify against 
himself in a criminal cause, nor shall any person after being once 
acquitted by a jury, be again, for the same offense, put in jeopardy of 
life or liberty; but if the jury to which the question of his guilt or in¬ 
nocence is submitted, fail to render a verdict, the court before which 
the trial is had, may, in its discretion, discharge the jury and commit 
or bail the prisoner for trial at the next term of court, or if the state of 
business will permit, at the same term; and if judgment be arrested 
after a verdict of guilty on a defective indictment, or if judgment on 
a verdict of guilty be reversed for error in law, nothing herein con¬ 
tained shall prevent a new trial of the prisoner on a proper indict¬ 
ment, or according to correct principles of law. 

Sec. 24. That all persons shall be bailable by sufficient sureties, 
except for capital offenses, when the proof is evident or the presump¬ 
tion great. 

Sec. 25. That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishment inflicted. 

Sec. 26. That the privilege of the writ of habeas corpus shall 
never be suspended. 

Sec. 27. That the military shall always be in strict subordina¬ 
tion to the civil power; that no soldier shall, in time of peace, be 
quartered in any house without the consent of the owner, nor in time 
of war, except in the manner prescribed by law. 

Sec. 28. The right of trial by jury, as heretofore enjoyed, shall' 
remain inviolate; but a jury for the trial of criminal or civil cases, in 
courts not of record, may consist of less than twelve men, as may be 
prescribed by law. Hereafter a grand jury shall consist of twelve 
men, any nine of whom concurring may find an indictment or a true 
bill. 

Sec. 29. That the people have the right peaceably to assemble 
for their common good, and to apply to those invested with the pow¬ 
ers of government for redress of grievances by petition or remon¬ 
strance. 

Sec. 30. That no person shall be deprived of life, liberty or prop¬ 
erty without due process of law. 

Sec. 31. That there cannot be in this State either slavery or in¬ 
voluntary servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted. 

Sec. 32. The enumeration in this Constitution of certain rights 
shall not be construed to deny, impair, or disparage others retained 
by the people. 


ARTICLE III. 

THE DISTRIBUTION OF POWERS. 

The powers of government shall be divided into three distinct de¬ 
partments—the legislative, executive and judicial, each of which 
shall be confided to a separate magistracy ; and no person, or col¬ 
lection of persons, charged with the exercise of powers properly be¬ 
longing to one of those departments, shall exercise any power prop- 



LEGISLATIVE DEPARTMENT. 


7 


erly belonging to either of the others, except in the instances in this 
Constitution expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Section 1 . The Legislative power, subject to the limitations 
herein contained, shall be vested in a Senate and House of Represen¬ 
tatives, to be styled “The General Assembly of the State of Mis¬ 
souri.” 

representation and apportionment. 

Sec. 2. The House of Representatives shall consist of members 
to be chosen every second year by the qualified voters of the several 
counties, and apportioned in the following manner: The ratio of repre¬ 
sentation shall be ascertained at each apportioning session of the 
General Assembly, by dividing the whole number of inhabitants of 
the State, as ascertained by the last decennial census of the United 
States, by the number two hundred. Each county having one ratio, 
or less, shall be entitled to one Representative; each county having 
two and a half times said ratio, shall be entitled to two Representa¬ 
tives ; each county having four times said ratio, shall be entitled to 
three Representatives ; each county having six times said ratio, shall 
be entitled to four Representatives, and so on above that number, 
giving one additional member for every two and a half additional 
ratios. 

Sec. 3. When any county shall be entitled to more than one Rep¬ 
resentative, the county court shall cause such county to be subdi¬ 
vided into districts of compact and contiguous territory, correspond¬ 
ing in number to the Representatives to which such county is enti¬ 
tled, and in population as nearly equal as may be, in each of which 
the qualified voters shall elect one Representative, who shall be a 
resident of such district: Provided , That when any county shall be 
entitled to more than ten Representatives, the circuit court shall 
cause such county to be subdivided into districts, so as to give each 
district not less than two, nor more than four Representatives, who 
shall be residents of such district; the population of the districts to 
be proportioned to the number of Representatives to be elected 
therefrom. 

Sec. 4. No person shall be a member of the House of Represen¬ 
tatives who shall not have attained the age of twenty-four years, who 
shall not be a male citizen of the United States, who shall not have 
been a qualified voter of this State two years, and. an inhabitant of 
the county or district which he may be chosen to represent, one year 
next before the day of his election, if such county or district shall 
have been so long established; but if not, then of the county or dis¬ 
trict from which the same shall have been taken, and who shall not 
have paid a State and county tax within one year next preceding the 
election. 

Sec. 5. The Senate shall consist of thirty-four members, to be 
chosen by the qualified voters of their respective districts for four 
years. For the election of Senators the State shall be divided into 
convenient districts, as nearly equal in population as may be, the same 
to be ascertained by the last decennial census taken by the United 
States. 




8 


LEGISLATIVE DEPARTMENT. 


Sec. 6. No person shall be a Senator who shall not have attained 
the age of thirty years, who shall not be a male citizen of the United 
States, who shall not have been a qualified voter of this State three 
years, and an inhabitant of the district which he may be chosen to 
represent, one year next before the day of his election, if such district 
shall have been so long established; but if not, then of the district 
or districts from which the same shall have been taken, and who shall 
not have paid a State and county tax within one year next preceding 
the election. When any county shall be entitled to more than one 
Senator, the circuit court shall cause such county to be subdivided 
into districts of compact and contiguous territory, and of population 
as nearly equal as may be, corresponding in number with the Sena¬ 
tors to which such county may be entitled; and in each of these one 
Senator, who shall be a resident of such district, shall be elected by the 
qualified voters thereof. 

Sec. 7. Senators and Representatives shall be chosen according 
to the rule of apportionment established in this Constitution, until 
the next decennial census bj^ the United States shall have been taken, 
and the result thereof as to this State ascertained, when the appor¬ 
tionment shall be revised and adjusted on the basis of that census, and 
every ten years thereafter upon the basis of the United States census ; 
or if such census be not taken, or is delayed, then on the basis of a State 
census; such apportionment to be made at the first session of the 
General Assembly after each such census : Provided , That if at any 
time, or from any cause, the General Assembly shall fail or refuse to 
district the State for Senators, as required in this section, it shall be 
the duty of the Governor, Secretary of State and Attorney General, 
within thirty days after the adjournment uf the General Assembly on 
which such duty devolved, to perform said duty, and to file in the oflice 
of the Secretary of State a full statement of the districts formed by 
them, including the names of the counties embraced in each district, 
and the numbers thereof; said statement to be signed by them, and 
attested by the Great Seal of the State, and upon the proclamation of 
the Governor, the same shall be as binding and effectual as if done by 
the General Assembly. 

Sec. 8. Until an apportionment of Representatives can be made, 
in accordance with the provisions of this Article, the House of Rep¬ 
resentatives shall consist of one hundred and forty-three members, 
which shall be divided among the several counties of the State, as fol¬ 
lows: The county of St. Louis shall have seventeen; the county of 
Jackson four; the county of Buchanan three; the counties of Frank¬ 
lin, Greene, Johnson, Lafayette, Macon, Marion, Pike and Saline, 
each two, and each of the other counties in the State one. 

Sec. 9. Senatorial and Representative Districts may be altered, 
from time to time, as public convenience may require. When any 
Senatorial District shall be composed of two or more counties, they 
shall be contiguous; such districts to be as compact as may be, and in 
the formation of the same no county shall be divided. 

Sec. 10. The first election of Senators and Representatives, under 
this Constitution, shall be held at the general election in the year one 
thousand eight hundred and seventy-six, when the whole number of 
Representatives, and the Senators from the Districts having odd num¬ 
bers, who shall compose the first class, shall be chosen; and in one 
thousand eight hundred and seventy-eight, the Senators from the Dis¬ 
tricts having even numbers, who shall compose the second class, and 
so on at each succeeding general election, half the Senators provided 
for by this Constitution shall be chosen. 



LEGISLATIVE DEPARTMENT. 


9 


Sec. 11. Until the State shall be divided into Senatorial Districts, 
in accordance with the provisions of this Article, said Districts shall 
be constituted and numbered as follows: 

The First District shall be composed of the counties of Andrew, 
Holt, Nodaway and Atchison. 

Second District—The counties of Buchanan, DeKalb, Gentry and 
Worth. 

Third District—The counties of Clay, Clinton and Platte. 

Fourth District—The counties of Caldwell, Bay, Daviess and Har¬ 
rison. 

Fifth District—The counties of Livingston, Grundy, Mercer and 
Carroll. 

Sixth District—The counties of Linn, Sullivan, Putnam and 
Chariton. 

Seventh District—The counties of Randolph, Howard and Monroe. 

Eighth District—The counties of Adair, Macon and Schuyler. 

Ninth District—The counties of Audrain, Boone and Callaway. 

Tenth District—The counties of St. Charles and Warren. 

Eleventh District—The counties of Pike, Lincoln and Mont¬ 
gomery. 

Twelfth District—The counties of Lewis, Clark, Scotland and 
Knox. , 

Thirteenth District—The counties of Marion, Shelby and Ralls. 

Fourteenth District—The counties of Bates, Cass and Henry. 

Fifteenth District—The county of Jackson. 

Sixteenth District—The counties of Vernon, Barton, Jasper, New¬ 
ton and McDonald. 

Seventeenth District—The counties of Lafayette and Johnson. 

Eighteenth District—The counties of Greene, Lawrence, Barry, 
Stone and Christian. 

Nineteenth District—The counties of Saline, Pettis and Benton. 

Twentieth District—The counties of Polk, Hickory, Dallas, Dade, 
Cedar and St. Clair. 

Twenty-first District—The counties of Laclede, Webster, Wright, 
Texas, Douglas, Taney, Ozark and Howell. 

Twenty-second District—The counties of Phelps, Miller, Maries, 
Camden, Pulaski, Crawford and Dent. 

Twent 3 7 -third District—The counties of Cape Girardeau, Missis¬ 
sippi, New Madrid, Pemiscot, Dunklin, Stoddard and Scott. 

Twenty-fourth District—The counties of Iron, Madison, Bollinger, 
Wayne, Butler, Reynolds, Carter, Ripley, Oregon and Shannon. 

"Twenty-fifth District—The counties of Franklin, Gasconade and 
Osage. 

Twenty-sixth District—The counties of Washington, Jefferson, St. 
Francois, Ste. Genevieve and Perry. 

Twenty-eighth District—The counties of Cooper, Moniteau, Mor¬ 
gan and Cole. 

St. Louis county shall be divided into seven districts, numbered 
respectively, as follows: 

Twenty-seventh, Twenty-ninth, Thirtieth, Thirty-first, Thirty-sec¬ 
ond, Thirty-third and Thirty fourth. 

Sec. 12. No Senator or Representative shall, during the term for 
which he shall have been elected, be appointed to any office under 
this State or any municipality thereof; and no member of Congress 
or person holding any lucrative office under the United States, or this 
State, or any municipality thereof, (militia officers, justices of the 






10 


LEGISLATIVE DEPARTMENT. 


peace and notaries public excepted,) shall be eligible to either house 
of the General Assembly, or remain a member thereof, after having 
accepted any such office or seat in either house of Congress. 

Sec. 13. If any Senator or Representative remove his residence 
from the district or county for which he was elected, his office shall 
thereby be vacated. 

Sec. 14. Writs of election to fill such vacancies as may occur in' 
either house of the General Assembly, shall be issued by the Governor. 

Sec. 15. Every Senator and Representative elect, before entering 
upon the duties of his office, shall take and subscribe the following 
oath or affirmation: 41 1 do solemnly swear, [or affirm,] that I will 
support the Constitution of the United States and of the State of Mis¬ 
souri, and faithfully perform the duties of my office ; and that I will 
not knowingly receive, directly or indirectly, any money or other 
valuable thing, for the performance or nonperformance of any act or 
duty pertaining to my office, other than the compensation allowed by 
law.” The oath shall be administered in the halls of their respective 
houses, to the members thereof, by some judge of the Supreme Court, 
or the Circuit Court, or the County Court of Cole county, or after the 
organization, by the presiding officer of either house, and shall be 
filed in the office of the Secretary of State. Any member of either 
house refusing to take said oath or affirmation, shall be deemed to have 
thereby vacated his office, and any member convicted of having vio¬ 
lated his oath or affirmation, shall be deemed guilty of perjury, and 
be forever thereafter disqualified from holding any office of trust or 
profit in this State. 

Sec. 16. The members of the General Assembly shall severally 
receive from the public treasury such compensation for their services 
as may, from time to time, be provided by law, not to exceed five dol¬ 
lars per day for the first seventy days of each session, and after that 
not to exceed one dollar per day for the remainder of the session, 
except the first session held under this Constitution, and during revis¬ 
ing sessions, when they may receive five dollars per day for one hun¬ 
dred and twenty days, and one dollar per day for the remainder of 
such sessions. In addition to per diem, the members shall be entitled 
to receive traveling expenses or mileage, for any regular and extra 
session not greater than now provided by law ; but no member shall 
be entitled to traveling expenses or mileage for any extra session that 
may be called within one day after an adjournment of a regular ses¬ 
sion. Committees of either house, or joint committees of both 
houses, appointed to examine the institutions of the State, other than 
those at the seat of government, may receive their actual expenses, 
necessarily incurred while in the performance of such duty ; the items 
of such expenses to be returned to the chairman of such committee, 
and by him certified to the State Auditor, before the same, or any 
part thereof, can be paid. Each member may receive at each regular 
session an additional sum of thirty dollars, which shall be in full for 
all stationery used in his official capacity, and all postage, and all other 
incidental expenses and perquisites ; and no allowance or emoluments, 
for any purpose whatever, shall be made to, or received by the mem¬ 
bers, or any member of either house, or for their use, out of the con¬ 
tingent fund or otherwise, except as herein expressly provided ; and 
no allowance or emolument, for any purpose whatever, shall ever be 
paid to any officer, agent, servant or employe of either house of the 
General Assembly, or of any committee thereof, except such per diem, 
as may be provided for by law, not to exceed five dollars. 




LEGISLATIVE DEPARTMENT. 


11 


Sec. 17. Each house shall appoint its own officers; shall be sole 
judge of the qualifications, election and returns of its own members; 
may determine the rules of its own proceedings, except as herein 
provided; may arrest and punish by fine not exceeding three hundred 
dollars, or imprisonment in a county jail not exceeding ten days, or 
both, any person, not a member, who shall be guilty of disrespect to 
the house by any disorderly or contemptuous behavior in its presence 
during its sessions; may punish its members for disorderly conduct;, 
and with the concurrence of two-thirds of all members elect, may ex¬ 
pel a member; but no member shall be expelled a second time for 
the same cause. 

Sec. 18. A majority of the whole number of members of each 
House shall constitute a quorum to do business; but a smaller num¬ 
ber may adjourn from day to day, and may compel the attendance of 
absent members in such manner and under such penalties as each 
House may provide. 

Sec. 19. The sessions of each House shall be held with open doors, 
except in cases which may require secrecy. 

Sec. 20. The General Assembly elected in the year one thousand 
eight hundred and seventy-six shall meet on the first Wednesday after 
the first day of January, one thousand eight hundred and seventy- 
seven ; and thereafter the General Assembly shall meet in regular 
session once only in every two years ; and such meeting shall be on 
the first Wednesday after the first day of January next after the elec¬ 
tions of the members thereof. 

Sec. 21. Every adjournment or recess taken by the General As¬ 
sembly for more than three days, shall have the effect of and be an 
adjournment sine die. 

Sec. 22. Every adjournment or recess taken by the General As¬ 
sembly for three days or less, shall be construed as not interrupting 
the session at which they are had or taken, but as continuing the ses¬ 
sion for all the purposes mentioned in section sixteen of this Article. 

Sec. 23. Neither House shall, without the consent of the other, 
adjourn for more than two days at any one time, nor to any other 
place than that in which the two Houses may be sitting. 

legislative proceedings. 

Sec. 24. The style of the laws of this State shall be, “ Be it 
enacted by the General Assembly of the State of Missouri , as 
follows: ” \ 

Sec. 25. No law shall be passed, except by bill, and no bill shall 
be so amended in its passage through either House, as to change its 
original purpose. 

Sec. 26. Bills may originate in either House, and may be amended 
or rejected by the other; and every bill shall be read on three differ¬ 
ent days in each House. 

Sec. 27. No bill shall be considered for final passage unless the 
same has been reported upon by a committee and printed for the use 
of the members. 

Sec. 28. No bill (except general appropriation bills, which may 
embrace the various subjects and accounts for and on account of 
which moneys are appropriated, and except bills passed under the 
third subdivision of section forty-four of this Article) shall contain 
more than one subject, which shall be clearly expressed in its title. 

Sec. 29. All amendments adopted by either House to a bill pend- 




12 


LEGISLATIVE DEPARTMENT. 


ing and originating in the same, shall be incorporated with the bill by 
engrossment, and the bill as thus engrossed, shall be printed for the 
use of the members before its final passage. The engrossing and 
printing shall be under the supervision of a committee, whose report 
to the House shall set forth, in writing, that they find the bill truly 
engrossed, and that the printed copy furnished to the members is 
correct. 

Sec. 30. If a bill passed by either House be returned thereto, 
amended by the other, the House to which the same is returned shall 
cause the amendment or amendments so received to be printed under 
the same supervision, as provided in the next preceding section, for 
the use of the members before final action on such amendments. 

Sec. 31. No bill shall become a law, unless on its final passage 
the vote be taken by yeas and nays, the names of the members voting 
for and against the same be entered on the journal, and a majority of 
the members elected to each House be recorded thereon as voting 
in its favor. 

Sec. 32. No amendment to bills by one House shall be concurred 
in by the other, except by a vote of a majority of the members 
elected thereto, taken by yeas and nays, and the names of those vot¬ 
ing for and against recorded upon the journal thereof; and reports of 
committees of conference shall be adopted in either House only by 
the vote of a majority of the members elected thereto, taken by yeas 
and nays, and the names of those voting recorded upon the journal. 

Sec. 33. No act shall be revived or re-enacted by mere reference 
to the title thereof, but the same shall be set forth at length, as if it 
were an original act. 

Sec. 34. No act shall be amended by providing that designated 
words thereof be stricken out, or that designated words be inserted, 
•or that designated words be stricken out and others inserted in lieu 
thereof; but the words to be stricken out, or the words to be inserted, 
or the words to be stricken out and those inserted in lieu thereof, 
together with the act or section amended, shall be set forth in full, as 
amended. 

Sec. 35. When a bill is put upon its final passage in either House, 
and failing to pass, a motion is made to reconsider the vote by which 
it was defeated, the vote upon such motion to reconsider shall be im¬ 
mediately taken, and the subject finally disposed of before the House 
proceeds to any other business. 

Sec. 36. No law passed by the General Assembly, except the 
general appropriation act, shall take effect or go into force until ninety 
days after the adjournment of the session at which it was enacted, un¬ 
less in case of an emergency, (which emergency must be expressed in 
the preamble or in the body of the act,) the General Assembly shall, 
by a vote of two-thirds of all the members elected to each House, 
otherwise direct; said vote to be taken by yeas and nays, and entered 
upon the journal. 

Sec. 37. No bill shall become a law until the same shall have 
been signed by the presiding officer of each of the two Houses in 
'Open session; and before such officer shall affix his signature to 
any bill, he shall suspend all other business, declare that such bill will 
now be read, and that, if no objections be made, he will sign the same 
to the end that it may become a law. The bill shall then be read at 
length, and if no objections be made, he shall, in presence of the House 
fin open session, and before any other business is entertained, affix his 
signature, which fact shall be noted on the journal, and the bill im- 





LEGISLATIVE DEPARTMENT. 


IS 


mediately sent to the other House. When it reaches the other House,, 
the presiding officer thereof shall immediately suspend all other busi¬ 
ness, announce the reception of the bill, and the same proceedings- 
shall thereupon be observed, in every respect, as in the House in which 
it was first signed. If in either House any member shall object that 
any substitution, omission or insertion has occurred, so that the bill 
proposed to be signed is not the same in substance and form as when 
considered and passed by the House, or that any particular clause of 
this Article of the Constitution has been violated in its passage, such 
objection shall be passed upon by the House, and if sustained, the 
presiding officer shall withhold his signature; but if such objection 
shall not be sustained, then any five members may embody the same,, 
over their signatures, in a written protest, under oath, against the sign¬ 
ing of the bill. Said protest when offered in the House shall be noted 
upon the journal, and the original shall be annexed to the bill to be 
considered by the Governor in connection therewith. 

Sec. 38. When the bill has been signed, as provided for in the 
preceding section, it shall be the duty of the Secretary of the Senate, 
if the bill originated in the Senate, and of the Chief Clerk of the House 
of Representatives, if the bill originated in the House, to present the 
same in person, on the same day on which it was signed as aforesaid, 
to the Governor, and enter the fact upon the journal. Every bill pre¬ 
sented to the Governor, and returned within ten days to the House in 
which the same originated, with the approval of the Governor, shall 
become a law, unless it be in violation of some provision of this Con¬ 
stitution. 

Sec. 39. Every bill presented as aforesaid, but returned without 
the approval of the Governor, and with his objections thereto, shall 
stand as reconsidered in the House to which it is returned. The House 
shall cause the objections of the Governor to be entered at large upon 
the journal, and proceed, at its convenience, to consider the question 
pending, which shall be in this form : “ Shall the bill pass, the objec¬ 
tions of the Governor thereto notwithstanding?” The vote upon this 
question shall be taken by yeas and nays, and the names entered upon 
the journal, and if two-thirds of all the members elected to the House 
vote in the affirmative, the presiding officer of that House shall certify 
that fact on the roll, attesting the same by his signature, and send the 
bill, with the objections of the Governor, to the other House, in which 
like proceedings shall be had in relation thereto; and if the bill re¬ 
ceive a like majority of the votes of all the members elected to that 
House, the vote being taken by yeas and nays, the presiding officer 
thereof shall, in like manner, certify the fact upon the bill. The bill 
thus certified shall be deposited in the office of the Secretary of State, 
as an authentic act, and shall become a law in the same manner and 
with like effect as if it had received the approval of the Governor. 

Sec. 40. Whenever the Governor shall fail to perform his duty, 
as prescribed in section twelve. Article V. of this Constitution, in re¬ 
lation to any bill presented to him for his approval, the General As¬ 
sembly may, by joint resolution, reciting the fact of such failure and 
the bill at length, direct the Secretary of State to enroll the same as 
an authentic act, in the archives of the State, and such enrollment 
shall have the same effect as an approval by the Governor: Provided , 
that such joint resolution shall not be submitted to the Governor lor 
his approval. 

Sec. 41. Within five years after the adoption of this Constitution, 
all the statute laws of a general nature, both civil and criminal, shall 



14 


LEGISLATIVE DEPARTMENT. 


be revised, digested and promulgated in such manner as the General 
Assembly shall direct; and a like revision, digest and promulgation, 
shall be made at the expiration of every subsequent period of ten 
years. 

Sec. 42. Each House shall, from time to time, publish a journal 
of its proceedings, and the yeas and nays on any question shall be 
taken and entered on the journal at the motion of any two members. 
Whenever the yeas and nays are demanded, the whole list of members 
shall be called, and the names of the absentees shall be noted and pub¬ 
lished in the journal. 

LIMITATION ON LEGISLATIVE POWER. 

Sec. 43. All revenue collected and moneys received by the State 
from any source whatsoever, shall go into the treasury, and the Gen¬ 
eral Assembly shall have no power to divert the same, or to permit 
money to be drawn from the treasury, except in pursuance of regular 
appropriations made by law. All appropriations of money by the suc¬ 
cessive General Assemblies shall be made in the following order: 

First —For the payment of all interest upon the bonded debt of 
the State that may become due during the term for which each Gen¬ 
eral Assembly is elected. 

Second —For the benefit of the sinking fund, which shall not be 
less annually than two hundred and fifty thousand dollars. 

Third —For free public school purposes. 

Fourth —For the payment of the cost of assessing and collecting 
the revenue. 

Fifth —For the payment of the civil list. 

Sixth —For the support of the eleemosynary institutions of the 
State. 

Seventh —For the pay of the General Assembly, and such other 
purposes not herein prohibited, as it may deem necessary; but no 
General Assembly shall have power to make any appropriation of 
money for any purpose whatsoever, until the respective sums neces¬ 
sary lor the purposes in this section specified have been set apart and 
appropriated, or to give priority in its action to a succeeding over a 
preceding item as above enumerated. 

Sec. 44. The General Assembly shall have no power to contract 
or to authorize the contracting of any debt or liability on behalf of the 
State, or to issue bonds or other evidences of indebtedness thereof, 
except m the following cases : 

First —In renewal of existing bonds when they can not be paid at 
maturity out of the sinking fund or other resources. 

Second —On the occurring of an unforeseen emergency, or casual 
deficiency of the revenue when the temporary liability incurred, upon 
the recommendation of the Governor first had, shall not exceed the sum 
of two hundred and fifty thousand dollars for any one year, to be paid 
in not more than two years from and after its creation. 

Third —On the occurring of any unforeseen emergency or casual 
deficiency of the revenue, when the temporary liability incurred or to 
be incurred shall exceed the sum of two hundred and fifty thousand 
dollars for any one year, the General Assembly may submit an act, 
providing for the loan, or for the contracting of the liability, and con¬ 
taining a provision for levying a tax sufficient to pay the interest and 
principal when they become due, (the latter in not more than thirteen 
years from the date of its creation) to the qualified voters of the State, 



LEGISLATIVE DEPARTMENT. 


15 


and when the act so submitted shall have been ratified by a two thirds 
majority, at an election held for that purpose, due publication having 
been made of the provisions of the act for at least three months before 
such election, the act thus ratified shall be irrepealable until the debt 
thereby incurred shall be paid, principal and interest. 

Sec. 45. The General Assembly shall have no power to give or 
to lend, or to authorize the giving or lending of the credit of the 
State in aid of or to any person, association or corporation, whether 
municipal or other, or to pledge the credit of the State in any manner 
whatsoever, for the payment of the liabilities present or prospective, 
of any individual, association of individuals, municipal or other cor¬ 
poration whatsoever. 

Sec. 46. The General Assembly shall have no power to make any 
grant, or to authorize the making of any grant of public money or 
thing of value to any individual, association of individuals, municipal 
or other corporation whatsoever: Provided, That this shall not be 
so construed as to prevent the grant of aid in a case of public 
calamity. 

Sec. 47. The General Assembly shall have no power to authorize 
any county, city, town or township, or other political corporation or 
subdivision of the State now existing, or that may be hereafter 
established, to lend its credit, or to grant public money or thing of 
value in aid of, or to any individual, association or corporation what¬ 
soever, or to become a stockholder in such corporation, association or 
company. 

Sec. 48. The General Assembly shall have no power to grant, or 
to authorize any county or municipal authority to grant any extra 
compensation, fee or allowance to a public officer, agent, servant or 
contractor, after service has been rendered or a contract has been 
entered into and performed in whole or in part, nor pay nor authorize 
the payment of any claim hereafter created against the State, or any 
county or municipality of the State under any agreement or contract 
made without express authority of law; and all such unauthorized 
agreements or contracts shall be null and void. 

Sec. 49. The General Assembly shall have no power hereafter to 
subscribe or authorize the subscription of stock on behalf of the 
State, in any corporation or association, except for the purpose of se¬ 
curing loans heretofore extended to certain railroad corporations by 
the State. 

Sec. 50. The General Assembly shall have no power to release 
or alienate the lien held by the State upon any railroad, or in anywise 
change the tenor or meaning, or pass any act explanatory thereof ; 
but the same shall be enforced in accordance with the original terms 
upon which it was acquired. 

Sec. 51. The General Assembly shall have no power to release or 
extinguish, or authorize the releasing or extinguishing, in whole or in 
part, the indebtedness, liability or obligation of any corporation or in¬ 
dividual, to this State, or to any county or other municipal corpora¬ 
tion therein. 

Sec. 52. The General Assembly shall have no power to make 
any appropriation of money, or to issue any bonds or other evidences 
of indebtedness for the payment, or on account, or in recognition of 
any claims audited, or that may hereafter be audited by virtue of 
an act entitled “An act to audit and adjust the war debt of the 
State,” approved March 19, 1874, or any act of a similar nature, until 
after the claims so audited shall have been presented to and 





16 


LEGISLATIVE DEPARTMENT. 


paid by the Government of the United States to the State of Mis¬ 
souri. 

Sec. 53. The General Assembly shall not pass any local or special 
law: • 

Authorizing the creation, extension or impairing of liens : 

Regulating the affairs of counties, cities, townships, wards or 
school districts: 

Changing the names of persons or places: 

Changing the venue in civil or criminal cases : 

Authorizing the laying out, opening, alterin g or maintaining roads, 
highways, streets»or alleys: 

Relating to ferries or bridges, or incorporating ferry or bridge 
companies, except for the erection of bridges crossing streams which 
form boundaries between this and any other State : 

Vacating roads, town plats, streets or alleys : 

Relating to cemeteries, grave yards or public grounds not of 
the State: 

Authorizing the adoption or legitimation of children: 

Locating or changing county seats : 

Incorporating cities, towns or villages, or changing their charters : 

For the opening and conducting of elections, or fixing or changing 
the places of voting: 

Granting divorces: 

Erecting new townships, or changing township lines, or the lines 
of school districts: 

Creating offices, or prescribing the powers and duties of officers in 
counties, cities, townships, election or school districts: 

Changing the law of descent or succession: 

Regulating the practice or jurisdiction of, or changing the rules 
of evidence in, any judicial proceeding or inquiry before courts, jus¬ 
tices of the peace, sheriffs, commissioners, arbitrators or other tribu¬ 
nals, or providing or changing methods for the collection of debts, or 
the enforcing of judgments, or prescribing the effect of judicial sales 
of real estate: 

Regulating the fees or extending the powers and duties of aider- 
men, justices of the peace, magistrates or constables: 

Regulating the management of public schools, the building or re¬ 
pairing of school houses, and the raising of money for such purposes : 

Fixing the rate of interest: 

Affecting the estates of minors or persons under disability : 

Remitting fines, penalties and forfeitures, or refunding money& 
legally paid into the treasury : 

Exempting property from taxation: 

Regulating labor, trade, mining or manufacturing : 

Creating corporations, or amending, renewing, extending or ex¬ 
plaining the charter thereof: 

Granting to any corporation, association or individual any special 
or exclusive right, privilege or immunity, or to any corporation, asso¬ 
ciation or individual, the right to lay down a railroad track: 

Declaring any named person of age: 

Extending the time for the assessment or collection of taxes, or 
otherwise relieving any assessor or collector of taxes from the due per¬ 
formance of their official duties, or their securities from liability : 

Giving effect to informal or invalid wills or deeds : 

Summoning or empanneling grand or petit juries : 

For limitation of civil actions: 




EXECUTIVE DEPARTMENT. 


17 


Legalizing the unauthorized or invalid acts of any officer or agent 
of the State, or of any county or municipality thereof. In all other 
cases where a general law can be made applicable, no local or special 
law shall be enacted; and whether a general law could have been 
made applicable in any case, is hereby declared a judicial question, 
and as such shall be judicially determined without regard to any legis¬ 
lative assertion on that subject: 

Nor shall the General Assembly indirectly enact such special or 
local law by the partial repeal of a general law; but laws repealing 
local or special acts may be passed. 

Sec. 54. No local or special law shall be passed unless notice of 
the intention to apply therefor shall have been published in the local¬ 
ity where the matter or thing to be affected may be situated, which 
notice shall state the substance of the contemplated law, and shall be 
published at least thirty days p*ior to the introduction into the Gen¬ 
eral Assembly of such bill, and in the manner to be provided by law. 
The evidence of such notice having been published, shall be exhibited 
in the General Assembly before such act shall be passed, and the on 
tice shall be recited in the act according to its tenor. 

Sec. 55. The General Assembly shall have no power, when con¬ 
vened in extra session by the Governor, to act upon subjects other 
than those specially designated in the proclamation by which the 
session is called, or recommended by special message to its consider¬ 
ation by the Governor after it shall have been convened. 

Sec. 56. The General Assembly shall have no power to remove 
the Seat of Government of this State from the City of Jefferson. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Section 1 . The Executive department shall consist of a Gover¬ 
nor, Lieutenant Governor, Secretary of State, State Auditor, State 
Treasurer, Attorney General and Superintendent of Public Schools, 
all of whom, except the Lieutenant Governor, shall reside at the Seat 
of Government during their term of office, and keep the public re¬ 
cords, books and papers there, and shall perform such duties as may 
be prescribed by law. 

Sec. 2. The term of office of the Governor, Lieutenant Governor, 
Secretary of State, State Auditor, State Treasurer, Attorney General 
and Superintendent of Public Schools, shall be four years from the 
second Monday of January next after their election, and until their 
successors are elected and qualified; and the Governor and State 
Treasurer shall be ineligible to re-election as their own successors. 
At the general election to be held in the year one thousand eight hun¬ 
dred and seventy-six, and every four years thereafter, all of such offi¬ 
cers, except the Superintendent of Public Schools, shall be elected; 
and the Superintendent of Public schools shall be elected at the gen¬ 
eral election in the year one thousand eight hundred and seventy-eight, 
and every four years thereafter. 

Sec. 3. The returns of every election for the above named officers 
shall be sealed up and transmitted by the returning officers to the Sec¬ 
retary of State, directed to the Speaker of the House of Representa¬ 
tives, who shall immediately after the organization of the House, and 
before proceeding to other business, open and publish the same in the 

c—2 



18 


EXECUTIVE DEPARTMENT. 


presence of a majority of each House of the General Assemblv, who 
shall for that purpose assemble in the hall of the House of Repre¬ 
sentatives. The person having the highest number of votes for either 
of said offices shall be declared duly elected; but if two or more shall 
have an equal and the highest number of votes, the General Assembly 
shall, by joint vote, choose one of such persons for said office. 

Sec. 4. The supreme Executive power shall be vested in a Chief 
Magistrate, who shall be styled “ The Governor of the State of Missouri.” 

Sec. 5. The Governor shall be at least thirty-five years old, a male, 
and shall have been a citizen of the United States ten years, and a resi¬ 
dent of this State seven years next before his election. 

Sec. 6. The Governor shall take care that the laws are distribu¬ 
ted and faithfully executed; and he shall be a conservator of the peace 
throughout the State. * . 

Sec. 7. The Governor shall be Commander-in-Chief of the militia 
of this State, except when they shall be called into the service of the 
United States, and may call out the same to execute the laws, sup¬ 
press insurrection and repel invasion; but he need not command in 
person unless directed so to do by a resolution of the General Assembly. 

Sec. 8. The Governor shall have power to grant reprieves, com¬ 
mutations and pardons, after conviction, for all offenses, except treason 
and cases of impeachment, upon such condition and with such restric¬ 
tions and limitations as he may think proper, subject to such regula¬ 
tions as may be provided by law relative to the manner of applying 
for pardons. He shall, at each session of the General Assembly, com¬ 
municate to that body each case of reprieve, commutation or pardon 
granted, stating the name of the convict, the crime of which he was 
convicted, the sentence and its date, the date of the commutation, 
pardon or reprieve, and the reason for granting the same. 

Sec. 9. The Governor shall, from time to time, give to the Gen¬ 
eral Assembly information relative to the state of the government, 
and shall recommend to its consideration such measures as he shall 
deem necessary and expedient. On extraordinary occasions he may 
convene the General Assembly by proclamation, wherein he shall 
state specifically each matter concerning which the action of that 
body is deemed necessary. 

Sec. 10. The Governor shall, at the commencement of each ses¬ 
sion of the General Assembly, and at the close of his term of office, 
give information by message of the condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall ac¬ 
count to the General Assembly, in such manner as may be prescribed 
by law, for all moneys received and paid out by him from any funds 
subject to his order, with vouchers; and at the commencement of 
each regular session, present estimates of the amount of money re¬ 
quired to be raised by taxation for all purposes. 

Sec. 11. When any office shall become vacant the Governor, un¬ 
less otherwise provided by law, shall appoint a person to fill such va¬ 
cancy, who shall continue in office until a successor shall have been 
duly elected or appointed and qualified according to law. 

Sec. 12. The Governor shall consider all bills and joint resolu- . 
tions, which, having been passed by both Houses of the General 
Assembly, shall be presented to him. He shall, within ten days after 
the same shall have been presented to him, return to the House in 
which they respectively originated, all such bills and joint resolutions, 
with his approval endorsed thereon, or accompanied by his objections : 
Provided , That if the General Assembly shall finally adjourn within 




t 


EXECUTIVE DEPARTMENT. 


19 


ten days after such presentation, the Governor may, within thirty days 
thereafter, return such bills and resolutions to the office of the Secre¬ 
tary of State, with his approval or reasons for disapproval. 

Sec. 13. If any bill presented to the Governor contain several 
items of appropriation of money, he may object to one or more items 
while approving other portions of the bill. In such case he shall ap¬ 
pend to the bill, at the time of signing it, a statement of the items to 
which he objects, and the appropriations so objected to shall not take 
effect, If the General Assembly be in session, he shall transmit to 
the House in which the bill originated a copy of such statement, and 
the items objected to shall be separately reconsidered. If it be not 
in session, then he shall transmit the same within thirty days to the 
office of Secretar}' of State, with his approval or reasons for disap¬ 
proval. 

Sec. 14. Every resolution to which the concurrence of the Sen¬ 
ate and House of Representatives may be necessary, except on ques¬ 
tions of adjournment, of going into joint session, and of amending 
this Constitution, shall be presented to the Governor, and before the 
same shall take effect, shall be proceeded upon in the same manner as 
in the case of a bill: Provided , That no resolution shall have the effect 
to repeal, extend, alter or amend any law. 

_ Sec. 15. The Lieutenant Governor shall possess the same qualifi¬ 
cations as the Governor, and by virtue of his office shall be President 
of the Senate. In Committee of the Whole he may debate all ques¬ 
tions ; and when there is an equal division he shall give the casting 
vote in the Senate, and also in joint vote of both Houses. 

Sec. 16. In case of death, conviction or impeachment, failure to 
qualify, resignation, absence from the State, or other disability of the 
Governor, the powers, duties and emoluments of the office for the resi¬ 
due of the term, or until the disability shall be removed, shall devolve 
upon the Lieutenant Governor. 

Sec. 17. The Senate shall choose a President pro tempore to pre¬ 
side in cases of the absence or impeachment of the Lieutenant Gov¬ 
ernor, or when he shall hold the office of Governor. If there be no 
Lieutenant Governor, or the Lieutenant Governor shall for any of the 
causes specified in section sixteen of this Article, become incapable 
of performing the duties of the office, the President of the Senate shall 
act as Governor until the vacancy is filled or the disability removed; 
and if the President of the Senate, for any of the above named causes, 
shall become incapable of performing the duties of Governor, the 
same shall devolve upon the Speaker of the House of Representa¬ 
tives, in the same manner, and with the same powers and compensa¬ 
tion as are prescribed in the case of the office devolving upon the 
Lieutenant Governor. 

Sec. 18. The Lieutenant Governor or the President pro tempore 
of the Senate, while presiding in the Senate, shall receive the same 
compensation as shall be allowed to the Speaker of the House of 
Representatives. 

Sec. 19. No person shall be eligible to the office of Secretary of 
State, State Auditor, State Treasurer, Attorney General, or Superin¬ 
tendent of Public Schools, unless he be a male citizen of the United 
States and at least twenty-five years old, and shall have resided in this 
State at least five years next before his election. 

Sec. 20. The Secretary of State shall be the custodian of the seal 
of the State, and authenticate therewith all official acts of the Gover¬ 
nor, his approval of laws excepted. The said seal shall be called the 





20 


JUDICIAL DEPARTMENT. 


“ Great Seal of the State of Missouri,” and the emblems and devices 
thereof, heretofore prescribed by law, shall not be subject to change. 

Sec. 21. The Secretary of State shall keep a register of the offi¬ 
cial acts of the Governor, and when necessary, shall attest them, and 
lay copies of the same, together with copies of all papers relative 
thereto, before either Rouse of the General Assembly whenever re¬ 
quired to do so. 

Sec. 22. An account shall be kept by the officers of the Execu¬ 
tive Department of all moneys and choses in action disbursed, or 
otherwise disposed of by them, severally, from all sources, and for 
every service performed; and a semi-annual report thereof shall be 
made to the Governor under oath. The Governor may at any time re¬ 
quire information, in writing, under oath, from the officers of the Ex¬ 
ecutive Department, and all officers and managers of State institutions, 
upon any subject relating to the condition, management and expenses 
of their respective offices and institutions ; which information, when 
so required, shall be furnished by such officers and managers, and any 
officer or manager who at any time shall make a false report, shall be 
guilty of perjury and punished accordingly. 

Sec. 23. The Governor shall commission all officers not otherwise 
provided for by law. All commissions shall run in the name and by 
the authority of the State of Missouri, be signed by the Governor^, 
sealed with the Great Seal of the State of Missouri, and attested by 
the Secretary of State. 

Sec. 24. The officers named in this article shall receive for their 
services a salary to be established bylaw, which shall not be increased 
or diminished during their official terms ; and they shall not, after the 
expiration of Ihe terms of those in office at the adoption of this Con¬ 
stitution, receive to their own use any fees, costs, perquisites of office,, 
or other compensation. All fees that may hereafter be payable by 
law for any service performed by any officer provided for in this Arti¬ 
cle shall be paid in advance into the State Treasury. 

Sec. 25. Contested elections of Governor and Lieutenant Gover¬ 
nor shall be decided by a joint vote of both Houses of the General 
Assembly, in such manner as may be provided by law; and contested 
elections of Secretary of State, State Auditor, State Treasurer, Attor¬ 
ney General and Superintendent of Public Schools shall be decided 
before such tribunal and in such manner as may be provided by law. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power of the State, as to matters of law 
and equity, except as in this Constitution otherwise provided, shall 
be vested in a Supreme Court, the St. Louis Court of Appeals, Circuit 
Courts, Criminal Courts, Probate Courts, County Courts, and Munici¬ 
pal Corporation Courts. 

Sec. 2. The Supreme Court, except in cases otherwise directed by 
this Constitution, shall have appellate jurisdiction only, which shall 
be coextensive with the State, under the restrictions and limitations 
in this Constitution provided. 

Sec. 3. The Supreme Court shall have a general superintending 
control over all inferior courts. It shall have power to issue writs of 
habeas corpus, mandamus, quo warranto, certiorari, and other original 
remedial writs, and to hear and determine the same. 




JUDICIAL DEPARTMENT. 


21 


Sec. 4. The judges of the Supreme Court shall hold office for the 
term of ten years. The judge oldest in commission shall be Chief 
Justice of the Court; and if there be more than one commission of 
the same date, the court may select the Chief J ustice from the judges 
holding the same. 

Sec. 5. The Supreme Court shall consist of five judges, any three 
of whom shall constitute a quorum; and said j udges shall be conserva¬ 
tors of the peace throughout the State, and shall be elected bv the 
qualified voters thereof. 

. Sec. 6. The judges of the Supreme Court shall be citizens of the 
United States, not less than thirty years old, and shall have been citi¬ 
zens of this State for five years next preceding their election or ap¬ 
pointment, and shall be learned in the law. 

Sec. 7. The full terms of the judges of the Supreme Court shall 
commence on the first day of January next ensuing their election, 
and those elected to fill any vacancy shall also enter upon the dis¬ 
charge of their duties on the first day of January next ensuing such 
election. Those appointed shall enter upon the discharge of their 
duties as soon as qualified. 

Sec. 8. The present judges of the Supreme Court shall remain in 
office until the expiration of their respective terms of office. To fill 
their places as their terms expire, one judge shall be elected at the 
general election in eighteen hundred and seventy-six, and one every 
two years thereafter. 

Sec. 9. The Supreme Court shall be held at the Seat of Govern¬ 
ment at such times as may be prescribed by law ; and until otherwise 
directed by Jaw, the terms of said court shall commence on the third 
Tuesday in October and April of each year. 

Sec. 10. The State shall provide a suitable court room at the Seat 
of Government, in which the Supreme Court shall hold its sessions ; 
also a clerk’s office, furnished offices for the judges, and the use of the 
State Library. 

Sec. 11. If, in any cause pending in the Supreme Court, or the 
St. Louis Court of Appeals, the judges sitting shall be equally divided 
in opinion, no judgment shall be entered therein based on such divi¬ 
sion ; but the parties to the cause may agree upon some person, learned 
in the law, to act as special judge in the cause, who shall therein sit 
with the court, and give decision in the same manner and with the 
same effect as one of the judges. If the parties cannot agree upon a 
special judge, the court shall appoint one. 

Sec. 12. There is hereby established in the city of St. Louis an 
appellate court, to be known as the “St. Louis Court of Appeals,” the 
jurisdiction of which shall be coextensive with the city of St. Louis 
and the counties of St. Louis, St. Charles, Lincoln and Warren. Said 
court shall have power to issue writs of habeas corpus, quo warranto, 
mandamus, certiorari, and other original remedial writs, and to 
hear and determine the same; and shall have a superintending con¬ 
trol over all inferior courts of record in said counties. Appeals shall 
lie from the decisions of the St. Louis Court of Appeals to the 
Supreme Court, and writs of error may issue from the Supreme Court 
to said court in the following cases only: In all cases where the 
amount in dispute, exclusive of costs, exceeds the sum of two thou¬ 
sand five hundred dollars; in cases involving the construction of the 
Constitution of the United States or of this State; in cases where the 
validity of a treaty or statute of, or authority exercised under the 
United States is drawn in question; in cases involving the construe- 





JUDICIAL DEPARTMENT. 


oq 

4m 


tion of the revenue laws of this State, or the title to any office under 
this State; in cases involving title to real estate; in cases where a 
county or other political subdivision of the State, or any State officer 
is a party, and in all cases of felony. 

Sec. 13. The St. Louis Court of Appeals shall consist of three 
judges, to be elected by the qualified voters of the city of St. Louis, 
and the counties of St. Louis, St. Charles, Lincoln and Warren, who 
shall hold their offices for the period of twelve years. They shall be 
residents of the district composed of said counties, shall possess the 
same qualifications as judges of the Supreme Court, and each shall 
receive the same compensation as is now, or may be, provided by law 
for the judges of the circuit court of St. Louis county, and be paid 
from the same sources: Provided , That each of said counties shall 
pay its proportional part of the same according to its taxable 
property. 

Sec. 14. The judges of said court shall be conservators of the 
peace throughout said counties. Any two of said judges shall consti¬ 
tute a quorum. There shall be two terms of said court to be held 
each year, on the first Monday of March and October, and the first 
term of said court shall be held on the first Monday of January, 1876* 

Sec. 15. The opinions of said court shall be in writing, and shall 
be filed in the cases in which they shall be respectively made, and be¬ 
come parts of their record; and all laws relating to the practice in the 
Supreme Court shall apply to this court, so far as the same may be 
applicable. 

Sec. 16. At the first general election held in said city and coun¬ 
ties after the adoption of this Constitution, three judges of said court 
shall be elected, who shall determine by lot the duration of their sev¬ 
eral terms of office, which shall be respectively four, eight and twelve 
years, and certify the result to the Secretary of State; and every four 
years thereafter one judge of said court shall be elected to hold office 
for the term of twelve years. The term of office of such judges shall 
begin on the first Monday in January next ensuing their election. 
The judge having the oldest license to practice law in this State, shall 
be the presiding judge of said court. 

Sec. 17. Upon the adoption of this Constitution the Governor 
shall appoint three judges for said court, who shall hold their offices 
until the first Monday of January, eighteen hundred and seventy- 
seven, and until their successors shall be duly qualified. 

Sec. IS. The clerk of the Supreme Court at St. Louis shall be the 
clerk of the St. Louis Court of Appeals until the expiration of the 
term for which he was appointed clerk of the Supreme Court, and 
until his successor shall be duly qualified. 

Sec. 19. All cases wTiich may be pending in the Supreme Court 
at St. Louis at the time of the adoption of this Constitution, which by 
its terms would come within the final appellate jurisdiction of the 
St. Louis Court of Appeals, shall be certified and transferred to the. 
St. Louis Court of Appeals, to be heard and determined by said court. 

Sec. 20. All cases coming to said court by appeal, or writ of 
error, shall be triable at the expiration of fifteen days from the filing 
of the transcript in the office of the clerk of said court. 

Sec. 21. Upon the adoption of this Constitution, and after the 
close of the next regular terms of the.Supreme Court at St. Louis and 
St. Joseph, as now established by law, the office of the clerk of the 
Supreme Court at St. Louis and St. Joseph shall be vacated, and said 
clerks shall transmit to the clerk of the Supreme Court at Jefferson. 





JUDICIAL DEPARTMENT. 


23 


City all the books, records, documents, transcripts and papers belong¬ 
ing to their respective offices, except those required by section nine¬ 
teen of this Article, to be turned over to the St. Louis Court of Ap¬ 
peals; and said records, documents, transcripts and papers shall be¬ 
come part of the records, documents, transcripts and papers of said 
Supreme Court at Jefferson City, and said court shall hear and deter¬ 
mine all the cases thus transferred as other cases. 

Sec. 22. The circuit court shall have jurisdiction over all crimi¬ 
nal cases not otherwise provided for by law; exclusive original juris¬ 
diction in all civil cases not otherwise provided for; and such concur¬ 
rent jurisdiction with, and appellate jurisdiction from, inferior tribu¬ 
nals and justices of the peace as is or may be provided by law. It 
shall hold its terms at such times and places in each county as may be 
by law directed; but at least two terms shall be held every year in 
each county. 

Sec* 23. The circuit court shall exercise a superintending control 
over criminal courts, probate courts, county courts, municipal corpo¬ 
ration courts, justices of the peace, and all inferior tribunals in each 
county in their respective circuits. 

Sec. 24. The State, except as otherwise provided in this Consti¬ 
tution, shall be divided into convenient circuits of contiguous counties, 
in each of which circuits one circuit judge shall be elected ; and such 
circuits may be changed, enlarged, diminished or abolished from time 
to time, as public convenience may require; and whenever a circuit 
shall be abolished, the office of the judge of such circuit shall cease. 

Sec. 25. The judges of the circuit courts shall be elected by the 
qualified voters of each circuit; shall hold their offices for the term 
of six years, and shall reside in and be conservators of the peace 
within their respective circuits. 

Sec. 26. JNo person shall be eligible to the office of judge of the 
circuit court who shall not have attained the age of thirty years, been 
a citizen of the United States five years, a qualified voter of this State 
for three years, and who shall not be a resident of the circuit in which 
he may be elected or appointed. 

Sec. 27. The circuit court of St. Louis county shall be composed 
of five judges, and such additional number as the General Assembly 
may from time to time provide. Each of said judges shall sit sep¬ 
arately for the trial of causes and the transaction of business in special 
term. The judges of said circuit court may sit in general term, for 
the purpose of making rules of court, and for the transaction of such 
other business as may be provided by law, at such time as they may 
determine, but shall have no power to review any order, decision or 
proceeding of the court in special term. The St. Louis Court of Ap¬ 
peals shall have exclusive jurisdiction of all appeals from, and writs 
of error to the circuit courts of St. Charles, Lincoln and Warren 
counties, and the circuit court of St. Louis county in special term, and 
all courts of record having criminal jurisdiction in said counties. 

Sec. 28. In any circuit composed of a single county, the General 
Assembly may, from time to time, provide for one or more additional 
judges, as the business shall require; each ot whom shall separately 
try cases and perform all other duties imposed upon circuit judges. 

Sec. 29. If there be a vacancy in the office of j udge of any circuit, 
or if the judge be sick, absent, or from any cause unable to hold any 
term, or part of term of court, in any county in his circuit, such term, 
or part of term of court, may be held by a judge of any other circuit; 
and at the request of the judge of any circuit, any term of court, or 





24 


JUDICIAL DEPARTMENT. 


part of term in his circuit, may be held by the judge of any other cir¬ 
cuit, and in all such cases, or in any case where the judge cannot pre¬ 
side, the General Assembly shall make such additional provision for 
holding court as may be found necessary. 

Sec. 30. The election of judges of all courts of record shall be 
held as is or may be provided by law, and in case of a tie or contested 
election between the candidates, the same shall be determined as pre¬ 
scribed by law. 

Sec. 31. The General Assembly shall have no power to establish 
criminal courts, except in counties having a population exceeding fifty 
thousand. 

Sec. 32. In case the office of judge of any court of record become 
vacant by death, resignation, removal, failure to qualify, or otherwise, 
such vacancy shall be filled in the manner provided by law. 

Sec. 33. The judges of the Supreme, Appellate and Circuit 
courts, and of all other courts of record receiving a salary, shall, at 
stated times, receive such compensation for their services as is or 
may be prescribed by law ; but it shall not be increased or diminished 
during the period for which they were elected. 

Sec. 34. The General Assembly shall establish in every county a 
probate court, which shall be a court of record, and consist of one 
judge, who shall be elected. Said court shall have jurisdiction over 
all matters pertaining to probate business, to granting letters testa¬ 
mentary, and of administration, the appointment of guardians and 
curators of minors, and persons of unsound mind, settling the accounts 
of executors, administrators, curators and guardians, and the sale or 
leasing of lands by administrators, curators and guardians ; and also 
jurisdiction over all matters relating to apprentices: Provided , That 
until the General Assembly shall provide by law for a uniform system 
of probate courts, the jurisdiction of probate courts heretofore estab¬ 
lished shall jremain as now provided by law. 

Sec. 35. Probate courts shall be uniform in their organization, 
jurisdiction, duties and practice, except that a separate clerk may be 
provided for, or the judge may be required to act, ex cMcio , as his own 
clerk. 

Sec. 36. In each county there shall be a county court, which 
shall be a court of record, and shall have jurisdiction to transact all 
county and such other business as may be prescribed by law. The court 
shall consist of one or more judges, not exceeding three, of whom the 
probate judge may be one, as may be provided by law. 

Sec. 37. In each county there shall be appointed, or elected, as 
many justices of the peace as the public good may require, whose 
powers, duties and duration in office shall be regulated by law. 

Sec. 38. All writs and process shall run, and all prosecutions shall 
be conducted, in the name of the “State of Missouri;” all writs shall 
be attested by the clerk of the court from which they shall be issued ; 
and all indictments shall conclude “ against the peace and dignity of 
the State.” 

Sec. 39. The St. Louis Court of Appeals and Supreme Court, shall 
appoint their own clerks. The clerks of all other courts of record 
shall be elective, for such terms and in such manner as may be 
directed by law : Provided , That the term of office of no existing 
clerk of any court of record, not abolished by this Constitution, shall 
be affected by such law. 

Sec. 40. In case there be a tie, or a contested election between 
candidates, for clerk of any court of record, the same shall be deter¬ 
mined in such manner as may be directed by law. 



IMPEACHMENTS—SUFFRAGE AND ELECTIONS. 


25 


Sec. 41. In case of the inability of any .judge of a court of record 
to discharge the duties of his office with efficiency by reason of con¬ 
tinued sickness, or physical or mental infirmity, it shall be in the 
power of the General Assembly, two-thirds of the members of each 
House concurring, with the approval of the Governor, to remove such 
judge lrom office ; but each House shall state on its respective jour¬ 
nal, the cause lor which it shall wish his removal, and give him notice 
thereof, and he shall have the right to be heard in his defense, in such 
manner as the General Assembly shall by law direct. 

Sec. 42. All courts now existing in this State, not named or pro¬ 
vided for in this Constitution, shall continue until the expiration of 
the terms of office of the several judges ; and as such terms expire, 
the business of said courts shall vest in the court having jurisdiction 
thereof in the counties where said courts now exist, and all the records 
and papers shall be transferred to the proper courts. 

Sec. 43. The Supreme Court of the State shall designate what 
opinions delivered by the Court, or the judges thereof, may be 
printed at the expense of the State; and the General Assembly 
shall make no provision for payment by the State for the publication 
of any case decided by said court not so designated. 

Sec. 44. All judicial decisions in this State shall be free for pub¬ 
lication by any person. 


ARTICLE VII. 

IMPEACHMENTS. 

Section 1. The Governor, Lieutenant Governor, Secretary of 
Slate, State Auditor, State Treasurer, Attorney General, Superinten¬ 
dent of Public Schools, and Judges of the Supreme, Circuit and 
Criminal Courts, and of the St. Louis Court of Appeals, shall be liable 
to impeachment for high crimes or misdemeanors, and for misconduct, 
habits of drunkenness, or oppression in office. 

Sec. 2. The House of Representatives shall have the sole power 
•of impeachment. All impeachments shall be tried by the Senate, 
and when sitting for that purpose the Senators shall be sworn to do 
justice according to law and evidence. When the Governor of the 
State is on trial, the Chief Justice of the Supreme Court shall preside. 
No person shall be convicted without the concurrence of two-thirds 
of the Senators present. But judgment in such cases shall not extend 
any further than removal from office, and disqualification to hold any 
office of honor, trust or profit under this State. The party, whether 
convicted or acquitted, shall, nevertheless, be liable to prosecution, 
<trial, judgment and punishment according to law. 

ARTICLE VIII. 
suffrage and elections. 

Section 1. The general election shall be held biennially on the 
Tuesday next following the first Monday in November. The first gen¬ 
eral election under this Constitution, shall be held on that day, in the 
year one thousand eight hundred and seventy-six; but the General 
Assembly may, by law, fix a different day—two-thirds of all the mem¬ 
bers of each House consenting thereto. 

Sec. 2. Every male citizen of the United States, and every male 
person of foreign birth, who may have declared his intention to be- 




26 


SUFFRAGE AND ELECTIONS. 


come a citizen of the United States according to law, not less than 
one year nor more than five years before he offers to vote, who is over 
the age of twenty-one years, possessing the following qualifications, 
shall be entitled to vote at all elections by the people: 

First —He shall have resided in the State one year immediately 
preceding the election at which he offers to vote. 

Second —He shall have resided in the county, city or town where 
he shall offer to vote, at least sixty days immediately preceding the- 
election. 

Sec. 3. All elections by the people shall be by ballot; every bal¬ 
lot voted shall be numbered in the order in which it shall be received,, 
and the number recorded by the election officers on the list of voters, 
opposite the name of the voter who presents the ballot. The election 
officers shall be sworn or affirmed not to disclose how any voter shall 
have voted, unless required to do so as witnesses in a judicial proceed¬ 
ing: Provided, That in all cases of contested elections the ballots 
cast may be counted, compared with the list of voters, and examined 
under such safeguards and regulations as may be prescribed by law. 

Sec. 4. Voters shall in all cases, except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning therefrom. 

Sec. 5. The General Assembly shall provide by law for the reg¬ 
istration of all voters in cities and counties having a population of 
more than one hundred thousand inhabitants, and may provide for 
such registration in cities having a population exceeding twenty-five 
thousand inhabitants and not exceeding one hundred thousand, but 
not otherwise. 

Sec. 6. All elections, by persons in a representative capacity,, 
shall be viva voce. 

Sec. 7. For the purpose of voting, no person shall be deemed to 
have gained a residence by reason of his presence, or lost it by reason 
of his absence, while employed in the service, either civil or military,, 
of this State, or of the United States; nor while engaged in the navi¬ 
gation of the waters of the State, or of the United States, or of the 
high seas, nor while a student of any institution of learning, nor while 
kept in a poor-house, or other asylum at public expense, nor while 
confined in public prison. 

Sec. 8 . No person, while kept at any poor-house, or other asylum 
at public expense, nor while confined in any public prison, shall be en¬ 
titled to vote at any election under the laws of this State. 

Sec. 9. The trial and determination of contested elections of all? 
public officers, whether State, judicial,municipal or local, except Gov¬ 
ernor and Lieutenant Governor, shall be by the courts of law, or by 
one or more of the judges thereof. The General Assembly shall, by 
general law, designate the court or judge by whom the several classes 
of election contests shall be tried, and regulate the manner of trial 
and all matters incident thereto; but no such law, assigning jurisdic¬ 
tion or regulating its exercise, shall apply to any contest arising out 
of any election held before said law shall take effect. 

Sec. 10. The General Assembly may enact laws excluding from 
the right of voting all persons convicted of felony or other infamous 
crime, or misdemeanors connected with the exercise of the right of 
suffrage. 

Sec. 11. No officer, soldier or marine, in the regular army or navy 
of the United States, shall be entitled to vote at any election in this* 
State. 





COUNTIES, CITIES AND TOWNS. 


n 


Sec. 12. No person shall be elected or appointed to any office in 
this State, civil or military, who is not a citizen of the United States, 
and who shall not have resided in this State one year next preceding , 
his election or appointment. 

ARTICLE IX. 

COUNTIES, CITIES AND TOWNS. 

Section 1. The several counties of this State, as they now exist,, 
are hereby recognized as legal subdivisions of the State. 

Sec. 2. The General Assembly shall have no power to remove 
the county seat of any county, but the removal of county seats shall 
be provided for by general law; and no county seat shall be removed 
unless two-thirds of the qualified voters of the county, voting on the 
proposition at a general election, vote therefor; and no such propo¬ 
sition shall be submitted oftener than once in five years. All addi¬ 
tions to a town, which is a county seat, shall be included, considered 
and regarded as part of the county seat. 

Sec. 3. The General Assembly shall have no power to establish 
any new county with a territory of less than four hundred and ten 
square miles; nor to reduce any county, now established, to a less* 
area or less population than required for a ratio of representation ex¬ 
isting at the time ; but when a new county is formed, having a popu¬ 
lation less than a ratio of representation, it shall be attached for 
representative purposes to the county from which the greatest amount 
of territory is taken until such ratio shall be obtained. No county 
shall be divided or have any portion stricken therefrom, without sub¬ 
mitting the question to a vote of the people of the county, nor unless; 
a majority of all the qualified voters of the county or counties thus 
affected, voting on the question, shall vote therefor; nor shall any 
new county be established, any line of which shall run within ten 
miles of the then existing county seat of any county. In all cases of 
the establishment of any new county, the new county shall be held 
for and obliged to pay its ratable proportion of all the liabilities then 
existing of the county or counties from which said new county shall 
be formed. 

Sec. 4 . No part of the territory of any county shall be stricken 
off and added to an adjoining county, without submitting the question 
to the qualified voters of the counties immediately interested, nor 
unless a majority of all the qualified voters of the counties thus affec¬ 
ted, voting on the question, shall vote therefor. When any part of a 
county is stricken off and attached to another county, the part stricken 
off shall be holden for, and obliged to pay, its proportion of all the 
liabilities then existing of the county from which it is taken. 

Sec. 5. When any new county, formed from contiguous territory 
taken from older counties, or when any county, to which territory shall 
be added taken from an adjoining county, shall fail to pay the propor¬ 
tion of indebtedness of such territory, to the county or counties from 
which it is taken, then it may be lawful for any county from which 
such territory has been taken, to levy and collect, by taxation, the 
due proportion of indebtedness of such territory, in the same manner 
as if the territory had not been stricken off. 

Sec. 6 . No county, township, city or other municipality, shall 
hereafter become a subscriber to the capital stock of any railroad or 
other corporation or association, or make appropriation or donation, or 



•28 


COUNTIES, CITIES AND TOWNS. 


loan its credit to, or in aid of any such corporation or association, or 
to or in aid of any college or institution of learning, or other institu¬ 
tion, whether created for or to be controlled by the State or others. 
All authority heretofore conferred for any of the purposes aforesaid 
by the General Assembly, or by the charter of any corporation, is 
hereby repealed: Provided , however , That nothing in this Constitution 
contained shall affect the right of any such municipality to make such 
subscription, where the same has been authorized under existing laws 
by a vote of the people of such municipality prior to its adoption, or 
to prevent the issue of renewal bonds or the use of such other means 
as are or may be prescribed by law, for the liquidation or payment 
of such subscription, or of any existing indebtedness. 

Sec. 7. The General Assembly shall provide, by general laws, 
for the organization and classification of cities and towns. The num¬ 
ber of such classes shall not exceed four; and the power of each class 
shall be defined by general laws, so that all such municipal corpora¬ 
tions of the same class shall possess the same powers and be subject 
to the same restrictions. Tiie General Assembly shall also make pro¬ 
visions, by general law, whereby any city, town or village, existing 
by virtue of any special or local law, may elect to become subject to, 
and be governed by, the general laws relating to such corporations. 

Sec. 8. The General Assembly may provide, by general law, for 
township organization, under which any county may organize when¬ 
ever a majority of the legal voters of such county, voting at any gen¬ 
eral election, shall so determine; and whenever any county shall 
adopt township organization, so much of this Constitution as provides 
for the management of county affairs, and the assessment and collec¬ 
tion of the revenue by county officers, in conflict with such general 
law for township organization, may be dispensed with, and the busi¬ 
ness of said county, and the local concerns of the several townships 
therein, may be transacted in such manner as may be prescribed by 
law: Provided, That the justices of the county court in such case 
shall not exceed three in number. 

Sec. 9. In any county which shall have adopted “ Township Or¬ 
ganization,” the question of continuing the same may be submitted 
to a vote of the electors of such county at a general election, in the 
manner that shall be provided by law; and if a majority of all the 
votes cast upon that question shall be against township organization, 
it shall cease in said county; and all laws in force in relation to coun¬ 
ties not having township organization, shall immediately take effect 
and be in force in such county. 

Sec. 10. There shall be elected by the qualified voters in each 
county, at the time and places of electing representatives, a sheriff* 
and coroner. They shall serve for two years, and until their succes¬ 
sors be duly elected and qualified, unless sooner removed for malfeas¬ 
ance in office, and shall be eligible only four vears in any period of 
six. Before entering on the duties of their office, they shall give se¬ 
curity in the amount and in such manner as shall be prescribed by law. 
Whenever a county shall be hereafter established, the Governor shall 
appoint a sheriff and a coroner therein, who shall continue in office 
until the next succeeding general election, and until their successors 
shall be duly elected and qualified. 

Sec. 11. Whenever a vacancy shall happen in the office of sheriff 
or coroner, the same shall be filled by the county court. If such va¬ 
cancy happen in the office of sheriff more than nine months prior to 
the time of holding a general election, such county court shall irame- 







COUNTIES, CITIES AND TOWNS. 


29 


diately order a special election to fill the same, and the person by it 
appointed shall hold office until the person chosen at such election 
shall be duly qualified; otherwise, the person appointed by such 
county court shall hold office until the person chosen at such general 
election shall be duly qualified. If any vacancy happen in the office 
of coroner, the same shall be filled for the remainder of the term by 
such county court. No person elected or appointed to fill a vacancy 
in either of said offices shall thereby be rendered ineligible for the 
next succeeding term. 

Sec. 12. The General Assembly shall, by a law uniform in its 
operation, provide for and regulate the fees of all county officers, and 
for this purpose may classify the counties by population. 

Sec. 13. The fees of no executive or ministerial officer of any 
county or municipality, exclusive of the salaries actually paid to his 
necessary deputies, shall exceed the sum of ten thousand dollars for 
any one year. Every such officer shall make return, quarterly, to the 
county court of all fees by him received, and of the salaries by him 
actually paid to his deputies or assistants, stating the same in detail, 
and verifying the same by his affidavit; and lor any statement or 
omission in such return, contrary to truth, such officer shall be liable 
to the penalties of willful and corrupt perjury. 

Sec. 14. Except as otherwise directed by this Constitution, the 
General Assembly shall provide for the election or appointment of 
such other county, township and municipal officers, as public conven¬ 
ience may require; and their terms of office and duties shall be pre¬ 
scribed by law; but no term of office shall exceed four years. 

Sec. 15. In all counties having a city therein containing over 
one hundred thousand inhabitants, the city and county government 
thereof may be consolidated in such manner as may be provided by 
law. 

Sec. 16. Any city having a population of more than one hundred 
thousand inhabitants, may frame a charter for its own government, 
consistent with and subject to the Constitution and laws of this State, 
by causing a board of thirteen freeholders, who shall have been for 
at least five years qualified voters thereof, to be elected by the quali¬ 
fied voters of such city at any general or special election; which 
board shall, within ninety days alter such election, return to the chief 
magistrate of such city a draft of such charter, signed by the mem¬ 
bers of such board or a majority of them. Within thirty days there¬ 
after such proposed charter shall be submitted to the qualified voters* 
of such city at a general or special election, and if four-sevenths of 
such qualified voters voting thereat, shall ratify the same, it shall, at 
the end of thirty days thereafter, become the charter of such city and 
supersede any existing charter and amendments thereof. A duplicate 
certificate shall be made setting forth the charter proposed and its 
ratification, which shall be signed by the chief magistrate of such city 
and authenticated by its corporate seal. One of such certificates 
shall be deposited in the office of the Secretary of State, and the 
other, after being recorded in the office of the recorder of deeds for 
the county in which such city lies, shall be deposited among the 
archives of such city, and all courts shall take judicial notice thereof. 
Such charter so adopted may be amended by a proposal therefor, 
made by the law-making authorities of such city, published for at 
least thirty days in three newspapers of largest circulation in such 
city, one of which shall be a newspaper printed in the German lan¬ 
guage, and accepted by three-fifths of the qualified voters of such 




30 COUNTIES, CITIES AND TOWNS. 


city, voting at a general or special election, and not otherwise ; but 
such charter shall always be in harmony with and subject to the Con¬ 
stitution and laws of the State. 

Sec. 17. It shall be a feature of all such charters that they shall 
provide, among other things, for a mayor or chief magistrate, and two. 
houses of legislation, one of which at least shall be elected by general 
ticket; and in submitting any such charter or amendment thereto to 
the qualified voters of such city, any alternative section or article may 
be presented for the choice of the voters, and may be voted on sep¬ 
arately, and accepted or rejected separately, without prejudice to other 
•articles or sections of the charter or any amendment thereto. 

©ec. 18. In cities or counties having more than two hundred 
thousand inhabitants, no person shall, at the same time, be a State 
-officer and an officer of any county, city or other municipality; and no 
person shall, at the same time, fill two municipal offices, either in the 
same or different municipalities; but this section shall not apply to 
notaries public, justices of the peace or officers of the militia. 

Sec. 19. The corporate authorities of any county, city, or other 
municipal subdivision of this State, having more than two hundred 
thousand inhabitants, which has already exceeded the limit of indebt¬ 
edness prescribed in section twelve of Article X.of this Constitution, 
may, in anticipation of the customary annual revenue thereof, appro¬ 
priate during any fiscal year towards the general governmental ex¬ 
penses thereof, a sum not exceeding seven-eighths of the entire reve¬ 
nue applicable to general governmental purposes (exclusive of the 
payment of the bonded debt of such county, city or municipality) 
that was actually raised by taxation alone during the preceding fiscal 
year; but until such excess of indebtedness cease no further bonded 
debt shall be incurred, except for the renewal of other bonds. 

ST. LOUIS. 

Sec. 20. The city of St. Louis may extend its limits so as to em¬ 
brace the parks now without its boundaries, and other convenient and 
contiguous territory, and frame a charter for the government of the 
city thus enlarged upon the following conditions, that is to say : The 
council of the city and county court of the county of St. Louis, shall, 
•at the request of the mayor of the city of St. Louis, meet in joint ses¬ 
sion and order an election, to be held as provided for general elections, 
by the qualified voters of the city and county, of a board of thirteen 
freeholders of such city or county, whose duty shall be to propose a 
scheme for the enlargement and definition of the boundaries of the 
city, the reorganization of the government of the county, the adjust¬ 
ment of the relations between the city thus enlarged, and the residue 
of ©t. Louis county and the government of the city thus enlarged, by 
a charter in harmony with and subject to the Constitution and laws of 
Missouri, which shall, among other things, provide for a chief execu¬ 
tive and two houses of legislation, one of which shall be elected by 
general ticket, which scheme and charter shall be signed in duplicate 
by said board or a majority of them, and one of them returned to the 
mayor of the city and the other to the presiding justice of the county 
court within ninety days after the election of such board. Within 
thirty days thereafter the city council and county court shall submit 
such scheme to the qualified voters of the whole county and such char¬ 
ter to the qualified voters of the city so enlarged, at an election to be 
held not less than twenty nor more than thirty days after the order 
'therefor; and if a majority of such qualified voters, voting at such 




COUNTIES, CITIES AND TOWNS. 


31 


election, shall ratify such scheme and charter, then such scheme shall 
become the organic law of the county and city, and such charter the 
organic law of the city, and at the end of sixty days thereafter shall 
take the place of and supersede the charter of St. Louis and all amend¬ 
ments thereof, and all special laws relating to St. Louis county incon¬ 
sistent with such scheme. 

Sec. 21. A copy of such scheme and charter, with a certificate 
thereto appended, signed by the mayor and authenticated by the seal 
of the city, and also signed by the presiding justice of the county 
court and authenticated by the seal of the county, setting forth the 
submission of such scheme and charter to the qualified voters of such 
■county and city and its ratification, by them, shall be made in dupli¬ 
cate, one of which shall be deposited in the office of the Secretary of 
State, and the other, after being recorded in the office of the recorder 
of deeds of St. Louis county, shall be deposited among the archives of 
the city, and thereafter all courts shall take judicial notice thereof. 

Sec. 22. The charter so ratified may be amended at intervals of 
not less than two years, by proposals therefor, submitted by the law 
making authorities of the city to the qualified voters thereof at a gen¬ 
eral or special election, held at least sixty days after the publication 
of such proposals, and accepted by at least three-fifths of the qualified 
voters voting thereat. 

Sec. 23. Such charter and amendments shall always be in har¬ 
mony with, and subject to, the Constitution and laws of Missouri, ex¬ 
cept only, that provision may be made for the graduation of the rate 
of taxation for city purposes in the portions of the city which are 
added thereto by the proposed enlargement of its boundaries. In the 
adjustment of the relations between city and county, the city shall 
take upon itself the entire park tax; and in consideration of the city 
becoming the proprietor of all the county buildings and property 
within its enlarged limits, it shall assume the whole of the existing 
county debt, and thereafter the city and county of St. Louis shall be 
independent of each other. The city shall be exempted from all 
county taxation. The judges of the county court shall be elected by 
the qualified voters outside of the city. The city, as enlarged, shall be 
entitled to the same representation in the General Assembly, collect 
the State revenue and perform all other functions in relation to the 
State, in the same manner, as if it were a county as in this Constitu¬ 
tion defined; and the residue of the county shall remain a legal county 
of the State of Missouri, under the name of the county of St. Louis. 
Until the next apportionment for senators and representatives in the 
General Assembly, the city shall have six senators and fifteen repre¬ 
sentatives, and the county one senator and two representatives, the 
same being the number of senators and representatives to which the 
county of St. Louis, as now organized, is entitled under sections eight 
and eleven of Article IV. of this Constitution. 

Sec. 21. The county and city of St. Louis, as now existing, shall 
continue to constitute the Eighth Judicial Circuit, and the jurisdiction 
of all courts of record, except the county court, shall continue until 
otherwise provided by law. 

Sec. 25. Notwithstanding the provisions of this Article, the Gen¬ 
eral Assembly shall have the same power over the city and county of 
St. Louis that it has over other cities and counties of this State. 





32 


REVENUE AND TAXATION. 


ARTICLE X. 

REVENUE AND TAXATION. 

Section 1. The taxing power may be exercised by the General- 
Assembly for State purposes, and by counties and other municipal 
corporations, under authority granted to them by the General As¬ 
sembly, for county and other corporate purposes. 

Sec. 2. The power to tax corporations and corporate property 
shall not be surrendered or suspended by act of the General As¬ 
sembly. 

Sec. 3. Taxes may be levied and collected for public purposes 
only. They shall be uniform upon the same class of subjects within 
the territorial limits of the authority levying the tax, and all taxes 
shall be levied and collected by general laws. 

Sec. 4. All property subject to taxation shall be taxed in pro¬ 
portion to its value. 

Sec. 5. All railroad corporations in this State, or doing business 
therein, shall be subject to taxation for State, county, school, muni¬ 
cipal, and other purposes, on the real and personal property owned 
or used by them, and on their gross earnings, their net earnings, 
their franchises, and their capital stock. 

Sec. 6 . The property, real and personal, of the State, counties 
and other municipal corporations, and cemeteries, shall be exempt 
from taxation. Lots in incorporated cities or towns, or within one 
mile of the limits of any such city or town, to the extent of one acre y 
and lots one mile or more distant from such cities or towns, to the 
extent of five acres, with the buildings thereon, may be exempted 
from taxation when the same are used exclusively for religious 
worship, for schools, or for purposes purely charitable; also, such 
property, real or personal, as may be used exclusively for Agricul¬ 
tural or Horticultural Societies: Provided , That such exemptions 
shall be only by general law. 

Sec. 7. All laws exempting property from taxation, other than 
the property above enumerated, shall be void. 

Sec. 8. The State tax on property, exclusive of the tax necessary 
to pay the bonded debt of the State, shall not exceed twenty cents 
on the hundred dollars’ valuation; and whenever the taxable prop¬ 
erty of the State shall amount to nine hundred million dollars, the 
rate shall not exceed fifteen cents. 

Sec. 9. No county, city, town or other municipal corporation, 
nor the inhabitants thereof, nor the property therein, shall be re¬ 
leased or discharged from their or its proportionate share of taxes to 
be levied for State purposes, nor shall commutation for such taxes 
be authorized in any form whatsoever. 

Sec. 10. The General Assembly shall not impose taxes upon 
counties, cities, towns or other municipal corporations, or upon the 
inhabitants or property thereof, for county, city, town or other 
municipal purposes; but may, by general laws, vest in the corpo¬ 
rate authorities thereof the power to assess and collect taxes for 
such purposes. 

Sec. 11. Taxes for county, city, town and school purposes, may 
be levied on all subjects and objects of taxation; but the valuation 
of property therefor shall not exceed the valuation of the same 
property in such town, city or school district for State and county 






REVENUE AND TAXATION. 


33 


purposes. For county purposes the annual rate on property, in 
counties having six million dollars or less, shall not, in the aggre¬ 
gate, exceed fifty cents on the hundred dollars valuation ; in 
counties having six million dollars and under ten million dollars, 
said rate shall not exceed forty cents on the hundred dollars valu¬ 
ation ; in counties having ten million dollars and under thirty 
million dollars, said rate shall not exceed fifty cents on the 
hundred dollars valuation; and in counties having thirty million 
dollars or more, said rate shall not exceed thirty-five cents on 
the hundred dollars valuation. For city and town purposes the an¬ 
nual rate on property in cities and towns having thirty thousand 
inhabitants or more, shall not, in the aggregate, exceed one hun¬ 
dred cents on the hundred dollars valuation ; in cities and towns 
having less than thirty thousand and over ten thousand inhabitants, 
said rate shall not exceed sixty cents on the hundred dollars valua¬ 
tion; in cities and towns having less than ten thousand and more 
than one thousand inhabitants, said rate shall not exceed fifty cents 
on the hundred dollars valuation ; and in towns having one thousand 
inhabitants or less, said rate shall not exceed twenty-five cents on 
the hundred dollars valuation. For school purposes in districts, the 
annual rate on property shall not exceed forty cents on the hundred 
dollars valuation : Provided , The aforesaid annual rates for school 
purposes may be increased in districts formed of cities and towns, to 
an amount not to exceed one dollar on the hundred dollars valuation ; 
and in other districts to an amount not to exceed sixty-five cents 
on the hundred dollars valuation, on the condition that a majority 
of the voters who are taxpayers, voting at an election held to decide 
the question, vote for. said increase. For the purpose of erecting 
public buildings in counties, cities or school districts, the rates of 
taxation herein limited may be increased when the rate of such 
increase and the purpose for which it is intended shall have been 
submitted to a vote of the people, and two-thirds of the quali¬ 
fied voters of such county, city, or school district, voting at such 
election shall vote therefor. The rate herein allowed to each 
county shall be ascertained by the amount of taxable property 
therein, according to the last assessment for State and county pur¬ 
poses, and the rate allowed to each city or town by the number of 
inhabitants, according to the last census taken under the authority 
of the State, or of the United States; said restrictions, as to rates, 
shall apply to taxes of every kind and description, whether general 
or special, except taxes to pay valid indebtedness now existing or 
bonds which may be issued in renewal of such indebtedness. 

Sec. 12. No county, city, town, township, school district or other 
political corporation or subdivision of the State, shall be allowed to 
become indebted in any manner or for any purpose to an amount 
exceeding in any year the income and revenue provided for such 
year, without the assent of two-thirds of the voters thereof voting 
at an election to be held for that purpose; nor in cases requiring such 
assent shall any indebtedness be allowed to be incurred to an amount 
including existing indebtedness, in the aggregate exceeding five per 
centum on the value of the taxable property therein, to be ascer¬ 
tained by the assessment next before the last assessment for State 
and county purposes, previous to the incurring of such indebtedness: 
Provided, That with such assent any county may be allowed to be¬ 
come indebted to a larger amount for the erection of a court house 

c—3 



34 


REVENUE AND TAXATION. 


or jail: And provided further , That any county, city, town, town¬ 
ship, school district, or other political corporation, or subdivision of 
the State, incurring any indebtedness, requiring the assent of the 
voters as aforesaid, shall, before or at the .time of doing so, provide 
for the collection of an annual tax sufficient to pay the interest oil 
such indebtedness as it falls due, and also to constitute a sinking 
fund for payment of the principal thereof, within twenty years from 
the time of contracting the same. 

Sec. 13. Private property shall not be taken or sold for the pay¬ 
ment of the corporate debt of a municipal corporation. 

Sec. 14. The tax authorized by the sixth section of the Ordinance 
adopted June sixth, one. thousand eight hundred and sixty-five, is 
hereby abolished, and hereafter there shall be levied and collected 
an annual tax sufficient to pay the accruing interest upon the bonded 
debt of the State, and to reduce the principal thereof each year by 
a sum not less than two hundred and fifty thousand dollars; the pro¬ 
ceeds of which tax shall be paid into the State Treasury, and appro¬ 
priated and paid out for the purposes expressed in the first and second 
subdivisions of section forty-three of Article 1Y. of this Constitution. 
The funds and resources now in the State Interest and State Sinking 
Funds shall be appropriated to the same purposes; and whenever 
said bonded debt is extinguished, or a sum sufficient therefor has' 
been raised, the tax provided for in this section shall cease to be as¬ 
sessed. 

Sec. 15. All moneys now, or at any time hereafter, in the State 
Treasury, belonging to the State, shall, immediately on receipt there¬ 
of, be deposited by the Treasurer to the credit of the State for the 
benefit of the funds to which they respectively belong in such bank 
or banks, as he may, from time to time, with the approval of the 
Governor and Attorney General select, the said bank or banks giving 
security, satisfactory to the Governor and Attorney General, for the 
safe keeping and payment of such deposits, when demanded by the 
State Treasurer on his checks—such bank to pay a bonus for the use 
of such deposits not less than the bonus paid by other banks for 
similar deposits; and the same, together with such interest and pro¬ 
fits as may accrue thereon, shall be disbursed by said Treasurer for 
the purposes of the State, according to law, upon warrants drawn by 
the State Auditor, and not otherwise. 

Sec. 16. The Treasurer shall keep a separate account of the 
funds, and the number and amount of warrants received, and from 
whom; and shall publish, in such manner as the Governor may 
designate, quarterly statements, showing the amount of State moneys, 
and where the same are kept or deposited. 

Sec. 17. The making of profit out of State, county, city, town 
or school-district money, or using the same for any purpose not 
authorized by law, by any public officer, shall be deemed a felony, 
and shall be punished as provided by law. 

Sec. 18. There shall be a State Board of Equalization, consist¬ 
ing of the Governor, State Auditor, State Treasurer, Secretary of 
State and Attorney General. The duty of said board shall be to ad¬ 
just and equalize the valuation of real and personal property among 
the several counties in the State, and it shall perform such other du¬ 
ties as are or may be prescribed by law. 

Sec. 19. No moneys shall ever be paid out of the treasury of 
this State, or any of the funds under its management, except in pur¬ 
suance of an appropriation by law; nor unless such payment be 



EDUCATION. 


35 


made, or a warrant shall have issued therefor, within two years 
after the passage of such appropriation act; and every such law, 
making a new appropriation, or continuing or reviving an appropria¬ 
tion, shall distinctly specify the sum appropriated, and the object to 
which it is to be applied ; and it shall not be sufficient to refer to any 
other law to fix such sum or object. A regular statement and ac¬ 
count of the receipts and expenditures of all public money shall be 
published from time to time. 

Sec. 20. The moneys arising from any loan, debt or liability, 
contracted by the State, or any county, city, town, or other munici¬ 
pal corporation, shall be applied to the purposes for which they were 
obtained, or to the repayment of such debt or liability, and not oth¬ 
erwise. 

Sec. 21. No corporation, company or association, other than 
those formed for benevolent, religious, scientific or educational pur¬ 
poses, shall be created or organized under the laws of this State, un¬ 
less the persons named as corporators shall, at or before the filing of 
the articles of association or incorporation, pay into the State treasury 
fifty dollars, for the first fifty thousand dollars or less of capital stock, 
and a further sum of five dollars for every additional ten thousand 
dollars of its capital stock. And no such corporation, company or 
association shall increase its capital stock without first paying into 
the treasury five dollars for every ten thousand dollars of increase : 
Provided , That nothing contained in this section shall be construed 
to prohibit the General Assembly from levying a further tax on the 
franchises of such corporation. 

\ 

ARTICLE NI. 

EDUCATION. 

Section 1. A general diffusion of knowledge and intelli¬ 
gence being essential to the preservation of the rights and liberties 
of the people, the General Assembly shall establish and maintain 
free public schools for the gratuitous instruction of all persons in this 
State between the ages of six and twenty years. 

Sec. 2. The income of all the funds provided by the State for 
the support of free public schools, shall be paid annually to the sev¬ 
eral county treasurers, to be disbursed according to law; but no 
school district, in which a free public school has not been maintained 
at least three months during the year for which the distribution is 
made, shall be entitled to receive any portion of such funds. 

Sec. 3. Separate free public schools shall be established for the 
education of children of African descent. 

Sec. 4. The supervision of instruction in the public schools 
shall be vested in a “ Board of Education,” whose powers and duties 
shall be prescribed by law. The Superintendent of Public Schools 
shall be President of the Board. The Governor, Secretary of State 
and Attorney General shall be exoMcio members, and with the 
Superintendent, compose said Board of Education. 

Sec. 5. The General Assembly shall, whenever the Public School 
Fund will permit, and the actual necessity of the same may require, 
aid and maintain the State University now established with its pres¬ 
ent departments. The government of the State University shall be 
.vested in a Board of Curators, to consist of nine members, to be 
appointed by the Governor, by and with the advice and consent of 
the Senate. 



36 


EDUCATION. 


Sec. 6. The proceeds of all lands that have been, or hereafter 
may be granted by the United States to this State, and not otherwise 
appropriated by this State or the United States ; also, all moneys, 
stocks, bonds, lands and other property now belonging to any State 
fund for purposes of education ; also, the net proceeds of all sales of 
lands and other property and effects that may accrue to the State 
by escheat, from unclaimed dividends and distributive shares of the 
estates of deceased persons; also, any proceeds of the sales of the 
public lands which may have been or hereafter may be paid over 
to this State, (if Congress will consent to such appropriation) ; also,, 
all other grants, gifts or devises that have been, or hereafter may be 
made to this State, and not otherwise appropriated by the State or 
the terms of the grant, gift or devise, shall be paid into the State 
Treasury, and securely invested and sacredly preserved as a Public 
School Fund; the annual income of which fund, together with so 
much of the ordinary revenue of the State as may be by law set 
apart for that purpose, shall be faithfully appropriated for establish¬ 
ing and maintaining the free public schools and the State University 
in this Article provided for, and for no other uses or purposes what¬ 
soever. 

Sec. 7. In case the Public School Fund now provided and set 
apart by law, for the support of free public schools, shall be insuffi¬ 
cient to sustain a free school at least four months in every year 
in each school district in this State, the General Assembly may 
provide for such deficiency in accordance with section eleven of the 
Article on Revenue and Taxation ; but in no case shall there be set 
apart less than twenty-five per cent, of the State revenue, exclusive 
of the Interest and Sinking Fund, to be applied annually to the sup¬ 
port of the public schools. 

Sec. 8. All moneys, stocks, bonds, lands and other property 
belonging to a county school fund; also, the net proceeds from the 
sale of estrays; also, the clear proceeds of all penalties and forfeit¬ 
ures, and of all fines collected in the several counties for any breach 
of the penal or military laws of the State, and all moneys which 
shall be paid by persons as an equivalent for exemption from military 
duty, shall belong to and be securely invested, and sacredly pre¬ 
served in the several counties, as a county public school fund ; the 
income of which fund shall be faithfully appropriated for establish¬ 
ing and maintaining free public schools in the several counties of this 
State. 

Sec. 9. No part of the Public School Fund of the State shall 
ever be invested in the stock or bonds, or other obligations of any 
other State, or of any county, city, town or corporation ; and the pro¬ 
ceeds of the sales of any lands or other property which now belong, 
or may hereafter belong to said school fund, shall be invested in the 
bonds of the State of Missouri, or of the United States. 

Sec. 10. All county school funds shall be loaned only upon unin¬ 
cumbered real estate security, of double the value of the loan, with 
personal security in addition thereto. 

Sec. 11 . Neither the General Assembly, nor any county, city, 
town, township, school district or other municipal corporation, shall 
ever make an appropriation, or pay from any public fund whatever, 
anything in aid of any religious creed, church or sectarian purpose ; 
or to help to support or sustain any private or public school, academy, 
seminary, college, university or other institution of learning, con¬ 
trolled by any religious creed, church or sectarian denomination 



CORPORATIONS. 


37 


whatever; nor shall any grant or donation of personff^property or 
real estate ever be made by the State, or any county, city, town or 
other municipal corporation, for any religious creed, church or secta¬ 
rian purpose whatever. 


ARTICLE XII. 

CORPORATIONS. 

Section 1. All existing charters, or grants of special or exclusive 
privileges, under which a bona fide organization shall not have taken 
place, and business been commenced in good faith, at the adoption of 
this Constitution, shall thereafter have no validity. 

Sec. 2. No corporation, after the adoption of this Constitution, 
shall be created by special laws; nor shall any existing charter be ex¬ 
tended, changed or amended by special laws, except those for charit¬ 
able, penal or reformatory purposes, which are under the patronage 
and control of the State. 

Sec. 3. The General Assembly shall not remit the forfeiture of 
the charter of any corporation now existing, or alter or amend such 
forfeited charter, or pass any other general or special laws for the 
benefit of such corporations. 

Sec. 4. The exercise of the power and right of eminent domain, 
shall never be so construed or abridged as to prevent the taking, by 
the General Assembly, of the property and franchises of incorporated 
companies already organized, or that may be hereafter organized, and 
subjecting them to the public use, the same as that of individuals. 
The right of trial by jury shall be held inviolate in all trials of claims 
for compensation, when in the exercise of said right of eminent do¬ 
main, any incorporated company shall be interested either for or 
against the exercise of said right. 

Sec. 5. The exercise of the police power of the State shall never 
be abridged, or so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of individuals, 
or the general well-being of the State. 

Sec. 6 . In all elections for directors or managers of any incor¬ 
porated company, each shareholder shall have the right to cast as 
many votes in the aggregate as shall equal the number of shares so 
held by him or her in said company, multiplied by the number of 
directors or managers to be elected at such election; and each share¬ 
holder may cast the whole number of votes, either in person or by 
proxy,for one candidate, or distribute such votes among two or more 
candidates; and such directors or managers shall not be elected in 
any other manner. 

Sec. 7. No corporation shall engage in business, other than that 
expressly authorized in its charter, or the law under which it may 
have been or hereafter may be organized, nor shall it hold any real 
estate for any period longer than six years, except such as may be 
necessary and proper for carrying on its legitimate business. 

Sec. 8 . No corporation shall issue stock or bonds, except for 
money paid, labor done or property actually received, and all fictiti¬ 
ous increase of stock or indebtedness shall be void. The stock and 
bonded indebtedness of corporations shall not be increased, except in 
pursuance of general law, nor without the consent of the persons 
holding the larger amount in value of the stock first obtained at a 
meeting called for the purpose, first giving sixty days’public notice, 
as may be provided by law. 




38 


CORPORATIONS. 


Sec, ^ Dues from private corporations shall be secured by such 
means as may be prescribed by law, but in no case shall any stock¬ 
holder be individually liable in any amount over or above the amount 
of stock owned by him or her. 

Sec. 10. No corporation shall issue preferred stock without the 
consent of all the stockholders. 

Sec. 11. The term “corporation,” as used in this Article, shall be 
construed to include all joint stock companies or associations having 
any powers or privileges not possessed by individuals or partnerships. 

RAILROADS. 

Sec. 12. It shall not be lawful in this State for any railway com¬ 
pany to charge for freight or passengers a greater amount, for th& 
transportation of the same, for a less distance than the amount charged 
for any greater distance; and suitable laws shall be passed by the 
General Assembly to enforce this provision ; but excursion and com¬ 
mutation tickets may be issued at special rates. 

Sec. 13. Any railroad corporation or association, organized for 
the purpose, shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State line 
with railroads of other States. Every railroad company shall have 
the right, with its road, to intersect, connect with or cross any other 
railroad, and shall receive and transport each the other’s passengers, 
tonnage and cars, loaded or empty, without delay or discrimination. 

Sec. 14. Railways heretofore constructed, or that may hereafter 
be constructed in this State, are hereby declared public highways, and 
railroad companies common carriers. The General Assembly shall 
pass laws to correct abuses and prevent unjust discrimination and ex¬ 
tortion in the rates of Ireight and passenger tariffs, on the different 
railroads in this State ; and shall, from time to time, pass laws estab¬ 
lishing reasonable maximum rates of charges for the transportation 
of passengers and freight on said railroads, and enforce all such laws 
by adequate penalties. 

Sec. 15. Every railroad or other corporation, organized or doing 
business in this State under the laws or authority thereof, shall have 
and maintain a public office or place in this State for the transaction 
of its business, where transfers of stock shall be made, and where 
shall be kept, for public inspection, books in which shall be recorded 
the amount of capital stock subscribed, the names of the owners of 
the stock, the amounts owned by them respectively, the amount of 
stock paid, and by whom, the transfer of said stock, with the date of 
transfer, the amount of its assets and liabilities, and the names and 
places of residence of its officers. The directors of every railroad 
company shall hold one meeting annually in this State, public notice 
of which shall be given thirty days previously, and shall report annu¬ 
ally, under oath, to the State Auditor, or some officer designated by 
law, all of their acts and doings, which report shall include such 
matters relating to railroads as may be prescribed by law. The Gen¬ 
eral Assembly shall pass laws enforcing, by suitable penalties, the 
provisions of this section. 

Sec. 16. The roiling stock and all other movable property belong¬ 
ing to any railroad company or corporation in this State, shall be con¬ 
sidered personal property, and shall be liable to execution and sale in 
the same manner as the personal property of individuals; and the 
General Assembly shall pass no law exempting any such property 
from execution and sale. 



CORPORATIONS. 


39 


Sec. 17. No railroad or other corporation, or the lessees, purchas¬ 
ers or managers of any railroad corporation, shall consolidate the 
stock, property or franchises of such corporation, with, or lease, or 
purchase the works or franchise of, or in any way control any rail¬ 
road corporation owning or having under its control a parallel or com¬ 
peting line; nor shall any officer of such railroad corporation act as 
an officer of any other railroad corporation owning or having the con¬ 
trol of a parallel or competing line. The question whether railroads 
are parallel or competing lines shall, when demanded, be decided by 
a jury, as in other civil issues. 

Sec. 18. If any railroad company organized under the laws of 
this State, shall consolidate by sale or otherwise, with any railroad 
company organized under the laws of any other State, or of the United 
States, the same shall not thereby become a foreign corporation ; but 
the courts of this State shall retain jurisdiction in all matters which 
may arise as if said consolidation had not taken place. In no case 
shall any consolidation take place, except upon public notice of at 
least sixty days to all stockholders, in such manner as may be provi¬ 
ded by law. 

Sec. 19. The General Assembly shall pass no law for the benefit 
of a railroad or other corporations, or any individual or association of 
individuals, retrospective in its operation, or which imposes on the 
people of any county or municipal subdivision of the State, a new 
liability in respect to transactions or considerations already past. 

Sec. 20. No law shall be passed by the General Assembly grant¬ 
ing the right to construct and operate a street railroad within any city, 
town, village, lor on any public highway, without first acquiring the 
consent of the local authorities having control of the street or high¬ 
way proposed to be occupied by such street railroad; and the fran¬ 
chises so granted shall not be transferred without similar assent first 
obtained. 

Sec. 21. No railroad corporation in existence at the time of the 
adoption of this Constitution, shall have the benefit of any future leg¬ 
islation, except on condition of complete acceptance of all the provis¬ 
ions of this Constitution applicable to railroads. 

Sec. 22. No president, director, officer, agent or employe of any 
railroad company, shall be interested, directly or indirectly, in furnish¬ 
ing material or supplies to such company, or in the business of trans¬ 
portation as a common carrier of freight or passengers over the works 
owned, leased, controlled or worked by such company. 

Sec. 23. No discrimination in charges or facilities in transporta¬ 
tion shall be made between transportation companies and individuals, 
or in favor of either, by abatement, drawback or otherwise; and no 
railroad company, or any lessee, manager or employe thereof, shall 
make any preference in furnishing cars or motive power. 

Sec. 24. No railroad or other transportation company shall grant 
free passes or tickets, or passes or tickets at a discount, to members 
of the General Assembly, or members of the Board of Equalization, 
or any State, or county, or municipal officers; and the acceptance of 
any such pass or ticket, by a member of the General Assembly, or 
any such officer, shall be a forfeiture of his office. 

BANKS. 

Sec. 25. No State bank shall hereafter be created, nor shall the 
State own or be liable for any stock in any corporation, or joint stock 




40 


MILITIA. 


company, or association for banking purposes, now created or here¬ 
after to be created. 

Sec. 26. No act of the General Assembly authorizing: or crea¬ 
ting corporations or associations with banking powers, (except banks 
of deposit or discount,) nor amendments thereto, shall go into effect, 
or in any manner be enforced, unless the same shall be submitted to 
a vote of the qualified voters of the State, at the general election 
next succeeding the passage of the same, and be approved by a ma¬ 
jority of the votes cast at such election. 

Sec. 27. It shall be a crime, the nature and punishment of which 
shall be prescribed by law, for any president, director, manager, 
cashier or other officer of any banking institution, to assent to the re¬ 
ception of deposits, or the creation of debts by such banking institu¬ 
tion, after he shall have had knowledge of the fact that it is insolvent, 
or in failing circumstances; and any such officer, agent or manager, 
shall be individually responsible for such deposits so received, and all 
such debts so created with his assent. 


ARTICLE XIII. 

MILITIA. 

Section 1. All able-bodied male inhabitants of this State be¬ 
tween the ages of eighteen and forty five years, who are citizens of the 
United States, or have declared their intention to become such citi¬ 
zens, shall be liable to military duty in the militia of this State: 
Provided , That no person who is religiously scrupulous of bearing 
arms, can be compelled to do so, but may be compelled to pay an 
equivalent for military service, in such manner as shall be prescribed 
by law. 

Sec. 2. The General Assembly, in providing for the organiza¬ 
tion, equipment and discipline of the militia, shall conform as nearly 
as practicable, to the regulations for the government of the armies of 
the United States. 

Sec. 3. Each company and regiment shall elect its own company 
and regimental officers; but if any company or regiment shall neg¬ 
lect to elect such officers within the time prescribed by law, or by 
the order of the Governor, they may be appointed by the Governor. 

Sec. 4. Volunteer companies of infantry, cavalry and artillery, 
may be formed in such manner and under such restrictions as may be 
provided by law. 

Sec. 5. The volunteer and militia forces shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest du¬ 
ring their attendance at musters, parades and elections, and in going 
to and returning from the same. 

Sec. 6. The Governor shall appoint the Adjutant General, Quar¬ 
termaster General and his other staff officers. He shall also, with the 
advice and consent of the Senate, appoint all Major Generals and 
Brigadier Generals. 

Sec. 7. The General Assembly shall provide for the safe keeping 
of the public arms, military records, banners and relics of the State. 





MISCELLANEOUS PROVISIONS. 


41 


ARTICLE XIY. 

MISCELLANEOUS PROVISIONS. 

Section 1 . The General Assembly of this State shall never inter¬ 
fere with the primary disposal of the soil by the United States, nor 
with any regulation which Congress may find necessary for securing 
the title in such soil to bona fide purchasers. No tax shall be imposed 
on lands the property of the United States; nor shall lands belonging 
to persons residing out of the limits of this State ever be taxed at a 
higher rate than the lands belonging to persons residing within the 
State. 

Sec. 2. No person shall be prosecuted in any civil action or crim¬ 
inal proceeding for or on account of any act by him done, performed 
or executed between the first day of January, one thousand eight hun¬ 
dred and sixty-one, and the twentieth day of August, one thousand 
eight hundred and sixty-six, by virtue of military authority vested in 
him, or in pursuance of orders from any person vested with such 
authority by the government of the United States, or of this State, or 
of the late Confederate States, or any of them to do such act. And if 
any action or proceedings shall have been, or shall hereafter be insti¬ 
tuted against any person for the doing of any such act, the defendant 
may plead this section in bar thereof. 

Sec. 3. No person who shall hereafter fight a duel, or assist in the 
same as a second, or send, accept, or knowingly carry a challenge 
therefor, or agree to go out of this State to fight a duel, shall hold any 
office in this State. 

Sec. 4. No person holding an office of profit under the United 
States, shall, during his continuance in such office, hold any office of 
profit under this State. 

Sec. 5. In the absence of any contrary provision, all officers now 
or hereafter elected or appointed, subject to the right of resignation, 
shall hold office during their official terms, and until their successors 
shall be duly elected or appointed and qualified. 

Sec. 6 . All officers, both civil and military, under the authority 
of this State, shall, before entering upon the duties of their respective 
offices, take and subscribe an oath, or affirmation, to support the Con¬ 
stitution of the United States and of this State, and to demean them¬ 
selves faithfully in office. 

Sec. 7. The General Assembly shall, in addition to other penal¬ 
ties, provide for the removal from office of county, city, town and 
township officers, on conviction of willful, corrupt or fraudulent viola¬ 
tion or neglect of official duty. 

Sec. 8. The compensation or fees of no State, county or munici¬ 
pal officer shall be increased during his term of office; nor shall the 
term of any office be extended for a longer period than that for which 
such officer was elected or appointed. 

Sec. 9. The appointment of all officers not otherwise directed by 
this Constitution, shall be made in such manner as may be prescribed 
by law. 

Sec. 10. The General Assembly shall have no power to authorize 
lotteries or gift enterprises for any purpose, and shall pass laws to pro¬ 
hibit the sale of lottery or gift enterprise tickets, or tickets in any 
scheme in the nature of a lottery, in this State ; and all acts or parts 
of acts heretofore passed by the Legislature of this State, authorizing 



42 


MODE OF AMENDING THE CONSTITUTION. 


a lottery or lotteries, and all acts amendatory thereof, or supplemen¬ 
tal thereto, are hereby avoided. 

Sec. 11. It shall be the duty of the grand jury in each county, at 
least once a year, to investigate the official acts of all officers having 
charge of public funds, and report the result of their investigations in 
writing to the court. 

Sec. 12. Senators and representatives shall, in all cases, except 
treason, felony, or breach of the peace, be privileged from arrest during 
the session of the General Assembly, and for fifteen days next before 
the commencement and after the termination of each session; and 
for any speech or debate in either House they shall not be questioned 
in any other place. 


ARTICLE XY. 

MODE OF AMENDING THE CONSTITUTION. 

Section 1. This Constitution may be amended and revised only 
in pursuance of the provisions of this Article. 

Sec. 2. The General Assembly may, at any time, propose such 
amendments to this Constitution as a majority of the members 
elected to each house shall deem expedient; and the vote thereon 
shall be taken by yeas and nays and entered in full on the journals. 
The proposed amendments shall be published with the laws of that 
session, and also shall be published weekly in some newspaper, if 
such there be, within each county in the State, for four consecu¬ 
tive weeks next preceding the general election then next ensuing. 
The proposed amendments shall be submitted to a vote of the 
people, each amendment separately, at the next general election 
thereafter, in such manner as the General Assembly may provide. 
If a majority of the qualified voters of the State, voting for and 
against any one of said amendments, shall vote for such amendment, 
the same shall be deemed and taken to have been ratified by the 
people, and shall be valid and binding, to all intents and purposes, 
as a part of this Constitution. 

Sec. 3. The General Assembly may at any time authorize, 
by law, a vote of the people to be taken upon the question whether 
a convention shall be held for the purpose of revising and amend¬ 
ing the Constitution of this State; and if at such election a majority 
of the votes on the question be in favor of a convention, the Gov¬ 
ernor shall issue writs to the sheriffs of the different counties, order¬ 
ing the election of delegates to such a convention, on a day not less 
than three and within six months after that on which the said 
question shall have been voted on. At such election each Senatorial 
District shall elect two delegates for each Senator to which it may 
then be entitled in the General Assembly, and every such dele¬ 
gate shall have the qualifications of a State Senator. The election 
shall be conducted in conformity with the laws regulating the 
election of Senators. The delegates so elected shall meet at such 
time and place as may be provided by law, and organize themselves 
into a convention, and proceed to revise and amend the Constitu¬ 
tion ; and the Constitution when so revised and amended, shall, on 
a day to be therein fixed, not less than sixty days or more than six 
months after that on which it shall have been adopted by the 
convention, be submitted to a vote of the people for and against it, 
at an election to be held for that purpose; and if a majority of all 




SCHEDULE. 


43 


the votes given be in favor of such Constitution, it shall, at the end 
of thirty days after such election, become the Constitution of this 
State. The result of such election shall be made known by procla¬ 
mation by the Governor. The General Assembly shall have no 
power, otherwise than in this section specified, to authorize a con¬ 
vention for revising and amending the Constitution. 


SCHEDULE. 

That no inconvenience may arise from the alterations and amend¬ 
ments in the Constitution of this State, and to carry the same into 
complete effect, it is hereby ordained and declared: 

Section 1 . That all laws in force at the adoption of this Consti¬ 
tution, not inconsistent therewith, shall remain in full force until 
altered or repealed by the General Assembly; and all rights, actions, 
prosecutions, claims and contracts of the State, counties, individuals 
or bodies corporate, not inconsistent therewith, shall continue to be 
as valid as if this Constitution had not been adopted. The provisions 
of all laws which are inconsistent with this Constitution, shall cease 
upon its adoption, except that all laws which are inconsistent with 
such provisions of this Constitution, as require legislation to enforce 
them, shall remain in force until the first day of July, one thousand 
eight hundred and seventy-seven, unless sooner amended or repealed 
by the General Assembly. 

Sec. 2. That all recognizances, obligations and all other instru¬ 
ments, entered into or executed before the adoption of this Consti¬ 
tution, to this State or to any subdivision thereof, or any municipality 
therein ; and all fines, taxes, penalties and forfeitures, due or owing 
to this State, or any such subdivision or municipality ; and all writs, 
prosecutions, actions and causes of action, except as herein otherwise 
provided, shall continue and remain unaffected by the adoption of 
this Constitution. All indictments which shall have been found, or 
may hereafter be found, for any crime or offense committed before 
this Constitution takes effect, may be proceeded upon as if no change 
had taken place, except as otherwise provided in this Constitution. 

Sec. 3. All county and probate courts as now constituted and 
organized, shall continue with their jurisdiction, until the General 
Assembly shall by law conform them in their organization to the 
requirements of this Constitution. 

Sec. 4. All criminal courts organized and existing under the 
laws of this State, and not specially provided for in this Constitution, 
shall continue to exist until otherwise provided by law. 

Sec. 5. All courts of common pleas existing and organized in 
cities and towms having a population exceeding three thousand five 
hundred inhabitants, and such as by the law of their creation are 
presided over by a judge of a circuit coiirt, shall continue to exist 
and exercise their present jurisdiction, until otherwise provided by 
law. All other courts of common pleas shall cease to exist at the 
expiration of the present terms of office of the several judges 
thereof. 

Sec. 6 . All persons now filling any office or appointment in this 
State, shall continue in the exercise of the duties thereof, according 
to their respective commissions or appointments, unless otherwise 
provided by law. « 

Sec. 7. Upon the adoption of this Constitution, all appeals to, 




44 


SCHEDULE. 


and writs of error from the Supreme Court, shall be returnable to 
the Supreme Court at the City of Jefferson. 

Sec. 8. Until the General Assembly shall make provision for the 
payment of the State and railroad indebtedness of this State, in pur¬ 
suance of section fourteen of Article X. of this Constitution, there 
shall be levied and collected an annual tax of one-fifth of one per 
centum on all real estate and other property and effects subject to 
taxation, the proceeds of which shall be applied to the payment of 
the interest on the bonded debt of this State as it matures, and the'* 
surplus, if any, shall be paid into the Sinking Fund, and thereafter 
applied to the payment of such indebtedness, and to no other 
purpose. 

Sec. 9. This Constitution shall be submitted to the people of 
this State for adoption or rejection, at an election to be held for that 
purpose only, on Saturday, the thirtieth day of October, one thousand 
eight hundred and seventy-five. Every person entitled to vote under 
the Constitution and laws of this State shall be entitled to vote for 
the adoption or rejection of this Constitution. Said election shall be 
held, and said qualified electors shall vote at the usual places of 
voting in the several counties of this State; and said election shall 
be conducted, and returns thereof made, according to the laws now 
in force regulating general elections. 

Sec. 10. The clerks of the several county courts in this State, 
shall, at least five days before said election, cause to be delivered to 
the judges of election in each election district or precinct, in their 
respective counties, suitable blank poll-books, forms of return and 
five times the number of properly prepared printed ballots for said 
election, that there are voters in said respective districts, the expense 
whereof shall be allowed and paid by the several county courts, as 
other county expenditures are allowed and paid. 

Sec. 11. At said election the ballots shall be in the following 
form: 


NEW CONSTITUTION TICKET. 

(Erase the clause you do not favor.) 

New Constitution—Yes. 

New Constitution—No. 

Each of said tickets shall be counted as a vote for or against this Con¬ 
stitution, as the one clause or the other may be canceled with ink or 
pencil by the voter, and returns thereof shall be made accordingly. 
If both clauses of the ticket be erased, or if neither be erased, the f 
ticket shall not be counted. 

Sec. 12. The returns of the whole vote cast for the adoption 
and against the adoption of this Constitution, shall be made by the 
several clerks, as now provided by law in case of the election of 
State officers, to the Secretary of State, within twenty days after 
the election; and the returns of said votes shall, witliin ten days 
thereafter, be examined and canvassed by the State Auditor, Sthte 
Treasurer and Secretary of State, or any two of them, in the presence 
of the Governor, and proclamation shall be made by the Governor 
forthwith of the result of the canvass. 

Sec. 13. If, upon such canvass, it shall appear that a majority of 
the votes polled were in favor of the new Constitution, then, this 
Constitution shall, <5n and after the thirtieth day of November, one 
thousand eight hundred and seventy-five, be the supreme law of the 





SCHEDULE—SIGNATURES. 


4 5 


State of Missouri, and the present existing Constitution shall there¬ 
upon cease in all it? provisions; but if it shall appear that a major¬ 
ity of the votes polled were against the new Constitution, then 
this Constitution shall be null and void, and the existing Constitu¬ 
tion shall continue in force. 

Sec. 14. The provisions of this Schedule required to be executed 
prior to the adoption or rejection of this Constitution, shall take 
effect and be in force immediately. 

Sec. 15. The General Assembly shall pass all such laws as may . 
be necessary to carry this Constitution into full effect. 

Sec. 16. The present Secretary of State, State Auditor, Attorney 
General, and Superintendent of Public Schools, shall, during the re¬ 
mainder of their terms of office, unless otherwise directed by law, 
receive the same compensation and fees as is now provided by law; 
and the present State Treasurer shall, during the remainder of 
the term of his office, continue to be governed by existing law, in the 
custody and disposition of the State funds, unless otherwise directed 
by law. 

Sec. 17. Section twelve of the Bill of Bights shall not be so 
construed as to prevent arrests and preliminary examination in any 
criminal case. 

Done in Convention, at the Capitol, in the City of Jefferson, on 
the second day of August, in the year of our Lord, one thousand 
eight hundred and seventy-five, and of the Independence of the Uni¬ 
ted States the one hundredth. 

if WALDO P. JOHNSON, President, St. Clair county. 

N W. WATKINS, Vice President, Scott county. 

WASH’N ADAMS, of Cooper county. 

De WITT C. ALLEN, of Clay county. 

A. M. ALEXANDER, of Monroe county. 

FRANCIS M. BLACK, of Jackson countv. 

HENRY BOONE, of DeKaib county. 

GEORGE W. BRADFIELD, of Laclede county. 

JAMES O. BROADHEAD, of St. Louis county. 

HENRY C. BROCKMEYER, of St. Louis county. 

GEORGE W. CARLETON, of Pemiscot county. 

WILLIAM CHRISMAN, of Jackson county. 

EDMUND V. CONWAY, of St. Francois county. 

LOUIS F. COTTEY, of Knox county. 

T. W. B. CREWS, of Franklin county. 

SAMUEL R. CROCKETT, of Vernon county. 

LOWNDES HENRY DAVIS, of Cape Girardeau county. 

LEONIDAS J. DRYDEN. of Warren county. 

BENJAMIN ROBERT DYSART, of Macon county. 

JOHN F. T. EDWARDS, of Iron county. 

JAMES C. EDWARDS, of St. Louis county. 

CHARLES D. EITZEN, of Gasconade county. 

JAMES L FARRIS, of Ray county. 

ROBERT W. FYAN, of Webster county. 

THOMAS TASKER GANTT, of St. Louis county. 

LOUIS GO ITSCHaLK, of St. Louis county. 

JOHN B HALE, of Carroll county. 

W. HALLIBURTON, of Sullivan county. 

CHARLES HAMMOND, of Chariton county. 

NEIL CAMERON HARDIN, of Pike county. 







46 


SIGNATURES. 


J. A. HOLLIDAY, of Caldwell county. 

JOHN HYER, of Dent countv. 

HORACE B. JOHNSON, of Cole county. 

T. J. JOHNSTON, of Nodaway countv. 

HENRY CLAY LACKLAND, of St. Charles county. 
WM. IT LETCHER, of Saline county. 

ALFRED M. LAY. of Cole county. 

PINCKNEY MABREY, of Ripley county, 

B. F. MASSEY, of Newton countv, 

JAMES HARVEY MAXEY, of Howell county. 
CHARLES B. McAFEE, of Greene county. 
ARCHIBALD V. McKEE, of Lincoln county. 
EDWARD McCABE, of Marion county. 

MALCOLM McKILLOP, of Atchison county. 
NICHOLAS A. MORTELL, of St. Louis county. 
HENRY THOMAS MUDD, of St. Louis county. 
EDMOND A. NICKERSON, of Johnson county. 
ELIJAH HISE NORTON, of Platte county. 

PHILIP PIPKIN, of Jefferson county. 

WIuLIAM PRIEST, of Platte county. 

JOSEPH PULITZER, of St. Louis county. 

JOHN RAY, of Barry county. 

J. H. RIDER, of Bollinger county. 

J. R. RIPPEY, of Schuyler county. 

JAMES C. ROBERTS, of Buchanan county. 

J. P. ROSS, of Morgan county. 

JOHN W. ROSS, of Polk county. 

JOHN FLEMING RUCKER, of Boone county. 

THOS. SHACKELFORD, of Howard county. 

JOHN H. SHANKLIN, of Grundy county. 

GEORGE H. SHIELDS, of St. Louis county. 

HENRY J. SPAUNHORST, of St. Louis county. 
WILLIAM F. SWITZLER, of Boone county. 

JOHN H. TAYLOR, of Jasper county. 

AMOS RILEY TAYLOR, of St. Louis county. 

ALBERT TODD, of St. Louis county. 

L.. J. WAGNER, of Scotland county. 

HENRY C. WALLACE, of Lafayette county. 

Attest: < G. N. NOLAN, Secretary, 

J. Boyle Adams, Assistant Secretary - 




ORDINANCE. 


47 


AN ORDINANCE 

TO PREVENT THE PAYMENT OF 1,918 BONDS AND THEIR COUPONS, 
WHICH HAVE BEEN ALREADY REDEEMED BY THE STATE OF 
MISSOURI. ^ 

Be it Ordained by the People of Missouri , in Convention assembled: 

That the General Assembly of the State of Missouri shall have no 
power to make any appropriation of money, or in any manner, directly 
or indirectly, to provide for the payment of any one of nineteen hun¬ 
dred and eighteen (1,918) bonds, or the coupons attached thereto, 
each for the sum of one thousand dollars, and seven per cent, interest, 
payable semi-annually, the principal payable twenty years after 
January 1, 1856, executed by the Pacific Railroad of the State of 
Missouri, under authority of an act of the General Assembly of Mis¬ 
souri, passed December 10, 1855, and guaranteed by the State of Mis¬ 
souri, the numbers of which bonds are as follows : Bonds numbered 
from 1 to 370, inclusive of both ; 375 to 395, inclusive of both; 397 to 
474, inclusive of both; 493,535, 536, 542, 543, 547, 554, 557, 558, 559, 585 
to 589, inclusive of both; 592 to 596, inclusive of both; 601 to 622, 
inclusive of both ; 624 to 701, inclusive of both ; 709, 717 to 722, inclu¬ 
sive of both; 724, 725, 726, 732, 733, 734, 835, 836, 837, 841, 842, 843, 844, 
845, 849, 850, 851, 868, 869, 882 to 889, inclusive of both; 891 to 898, 
inclusive of both; 902, 904,971 to 1,001, inclusive of both ; 1,028, 1,041 
to 1,050, inclusive of both; 1,080, 1,084,1,085, 1,086,1,109, 1,110,1,146, 
1,150, 1,153, 1,181,1,183, 1,186 to 1,212 inclusive of both; 1,228, 1,281 to 
1,293, inclusive of both ; 1,300, 1,343, 1,412, 1,418 to 1,436, inclusive of 
both ; 1,484,1,501 to 1,512, inclusive of both ; 1,583,1,584,1,597 to 1,601, 
inclusive of both ; 1,659 to 1,662, inclusive of both; 1,664, 1,720, 1,829, 
1,836, 1,851 to 1,861, inclusive of both ; 1,864 to 1,869, inclusive of both; 
1,876 to 1,886, inclusive of both ; 1,892 to 1,897, inclusive of both ; 
1,926 to 1,943, inclusive of both ; 1,946 to 1,951, inclusive of both ; 1,954, 
1,956, 1,957, 1,959, 1,960, 1,971, 1,972, 1,973,1,976 to 1,990, inclusive of 
both ; 1,992 to 1,998, inclusive of both ; 2,000, 2,011, 2,012, 2,013, 2,018, 
2,029, 2,030, 2,044 to 2,046, inclusive of both; 2,074 to 2,077, inclusive of 
both; 2,081 to 2,087, inclusive of both ; 2,096, 2,097, 2,143, 2,144, 2,152 to 
2,166, inclusive of both; 2,211 to 2,215, inclusive of both; 2,221 to 
2,240, inclusive of both ; 2,273 to 2,481, inclusive of both; 2,483 to 2,493, 
inclusive of both; 2,496 to 2,500, inclusive of both; 2,502, 2,506, 2,544 
to 2,550, inclusive of both; 2,552, 2,555 to 2,577, inclusive of both; 
2,601 to 2,607, inclusive of both; 2,609 to 2,621, inclusive of both ; 2,633, 
2,654 to 2,693, inclusive of both ; 2,698, 2,699, 2,711 to 2,730, inclusive of 
both ; 2,761, 2,763, 2,764,2,765, 2,767, 2,768, 2,769, 2,771 to 2,775, inclusive 
of both; 2,787, 2,788, 2,790, 2,845, 2,852 to 2,870, inclusive of both; 
2,882, to 2,900, inclusive of both; 2,902,2,903,2,915,2,921 to 2,983, inclu¬ 
sive of both; 2,985,3,006,3,007,3,022 to 3,043, inclusive of both; 3,047 
to 3,071, inclusive of both; 3,073 to 3,082, inclusive of both; 3,085 to 
3,107, inclusive of both; 3,132, 3,143 to 3,214, inclusive of both ; 3,299 
to 3,348, inclusive of both; 3,373 to 3,483, inclusive of both; 3,488 to 
3,500, inclusive of both; 3,601 to 3,686,inclusive of both; 3,690 to 3,800, 
inclusive of both; which bonds have been redeemed by the State of 
Missouri, deposited as securities available to the State in dealing with 
the Pacific Railroad, in the vault of the treasury, and while the same 
were in said vault, withdrawn from circulation as negotiable instru¬ 
ments, were criminally taken therefrom. 

This ordinance shall become part of the organic law, if the Con¬ 
stitution be adopted by the people on the 30th October, 1875. 




48 


ADDRESS TO THE PEOPLE OF MISSOURI. 


ADDRESS 

TO THE ' • 

i 

PEOPLE OE MISSOURI. 


Your representatives, "in Convention assembled, to revise and 
amend the Constitution of the State, have completed their work, and 
the result is now to be submitted to you for approval or rejection. 

That you may the more readily compare the amended with the 
present Constitution and thus be enabled to form a clear and correct 
opinion as to their respective merits, your careful attention is invited 
to the following brief statement of the more important changes pro¬ 
posed, with some of the advantages supposed to result from these 
changes. 


BILL OF RIGHTS. 

All the proscriptive features of the present Bill of Rights have 
been abolished, such as forfeiture of estates for treason, and the provis¬ 
ion which prevents gilts of any kind to religious denominations, or to 
trustees lor their use. The grand jury system has been modified, so 
as to make a grand jury consist of only twelve men, any nine of whom 
concurring, may find an indictment. This will be equally as effective 
as the present system, and will cause a great saving of costs in criminal 
proceedings. 

In addition to the usual guarantees of natural and civil rights, it is 
declared substantially: That the General Assembly shall make no 
irrevocable grants of special privileges or immunities; that no per¬ 
son shall hold office without personally devoting his time to the per¬ 
formance of the duties of such office; that no collector, receiver of 
public moneys or the deputy of such, shall be eligible to any office 
until lie shall have accounted for and paid over all the money for which 
he may be accountable; that private property shall not be taken or 
damaged for public use without compensation, and whether the use 
be public is a question, to be determined by the courts; that private 
property may be taken for private use for drains and ditches across 
the lands of others, for agricultural and sanitary purposes, by making 
proper compensation therefor. 

REPRESENTATION AND APPORTIONMENT. 

In the matter of representation no radical change is proposed; as 
heretofore, the Senate is based strictly on population. Through the 
failure of the General Assembly to reapportion the State on the basis 
of the census of 1870, as required by the Constitution, great inequal¬ 
ity exists in the Senatorial districts, some having more than three 
times the population of others. To remedy this and secure equality, 
the State has been in part, redistricted, and ample provisions made 
to guard against a failure to redistrict in the future. In doing this, 
however, care has been taken to remove from office no Senator entitled 
to hold over. 

Since the organization of the State, eaclrcounty has been entitled 
to one representative in the lower branch of the General Assembly* 





ADDRESS TO THE PEOPLE OF MISSOURI. 


49 


without regard to population. To abandon this fe ature would incur 
bitter opposition from many long accustomed to it. To adhere to it, 
prevents the apportionment of representation strictly according to 
population, without increasing the number beyond reason. 

To render satisfaction, as far as practicable, the plan of county rep¬ 
resentation has been adhered to, and as a concession to the more pop¬ 
ulous counties, they have been allowed twelve more representatives 
than at present, of which St. Louis county receives three, and the re¬ 
maining nine are distributed among the next most populous counties, 
according to population. Thus the advocates of increased represen¬ 
tation to the more populous portion of the State, while not obtaining all 
they desire, receive more members than they have under the present 
Constitution. 


LEGISLATIVE DEPARTMENT. 

The General Assembly is required to meet once in two years, but 
is not permitted to hold adjourned sessions. Being restricted to gem 
oral legislation, much less time will be required for its sessions and the 
business will be much more satisfactorily performed. Perhaps less 
than half its time is now occupied in the enactment of laws of a gen¬ 
eral nature, therefore there will be no necessity for adjourned sessions. 
To prevent waste of time, it is also provided that if the regular ses¬ 
sion be prolonged beyond seventy days, the members shall receive for 
their services after that date only one dollar per day. 

The Auditor’s books show the cost to the State of the General As¬ 
semblies for the last ten years to have been over $1,800,000; of this 
amount it is fair to estimate that one-half or over $900,000 has been 
for adjourned sessions; over $90,000 per annum, which will all be 
saved under the proposed Constitution. 

As an additional saving, it is provided that each member shall, for 
each session, receive $30 in full for all stationery, postage and other 
incidental expenses. This will stop a large drain upon the treasury, 
under cover of stationery, postage, papers, etc., to members. It is 
further provided that no member shall receive mileage or traveling 
expenses for any extra session called within one day after the adjourn¬ 
ment of a regular session. So there will be no more constructive 
mileage. 

To afford security against hasty legislation and guard against the 
possibility of bills becoming laws which have not been fairly and con¬ 
siderately passed upon, wholesome restrictions are thrown around the 
law-makers, and greater particularity required in the enactment of 
laws than heretofore. 

The evils of local and special legislation have become enormous. 
We need but look to our session acts to be satisfied that this species 
of legislation occupies the larger portion of the time of our General 
Assemblies, to the neglect and prejudice of public interest. The ex¬ 
pense to the State in passing and publishing such laws, and the com¬ 
binations by which private interests have been advanced and danger¬ 
ous monopolies created, are well known. 

Under the proposed Constitution the General Assembly is pro' 
hibited from passing such laws. In all cases where a general law can 
be made applicable, a special law cannot be enacted, and in no case 
can any special law be passed unless notice of the intention to 
apply therefor shall have been published for thirty days in the locality 
to be affected thereby. 

c—4 






50 


ADDRESS TO THE PEOPLE OF MISSOURI 


The power of the Legislature to create debts or issue bonds of the 
State is prohibited, except to renew existing bonds where there is no 
money to pay them, and to meet an unforseen emergency or casual 
deficiency of the revenue to an amount not exceeding $250,000 for any 
one year. 

if a larger amount shall be desired for the purpose of meeting 
such deficiency or emergency, the question must be submitted to the 
voters of the State and approved by a majority of two-thirds, before 
the General Assembly can create any liability therefor. 

The State, and every county, city, or other municipality, are pro¬ 
hibited from paying any compensation to any officer, agent, servant or 
contractor, after services have been rendered, or a contract made and 
partially performed, or from paying any claim created without express 
authority of law. 


EXECUTIVE DEPARTMENT. 

The term of office of the Governor and other State officers is ex¬ 
tended from two to four years. As an additional check upon ill- 
advised legislation, a majority of two-thirds of all the members of each 
House is required to pass a bill over the veto of the Governor. _ It is 
also provided that when a bill contains several items of appropriation 
of money, the Governor may veto one or more of said items, and ap¬ 
prove the remainder of the bill. When it is remembered that appro- 
priationbills are frequently passed near the close of a session, that the 
Governor is then compelled to approve improper items of appropria¬ 
tion or veto the entire bill, the importance of this provision will be 
acknowledged. 

JUDICIAL DEPARTMENT. 

The Supreme Court will remain as now constituted, except that 
all its terms will be held at the Seat of Government. This will add 
to the dignity and efficiency of the court. Business in the Supreme 
Court has so accumulated that litigants are subjected to annoying and 
ruinous delays. To remedy this and enable the court to dispose of 
the business with proper consideration and dispatch, an inferior court 
of appeals is established in the city of St. Louis, to which all appeals 
and writs of error from the courts of St. Louis, St. Charles, Warren and 
Lincoln counties must be taken, and from which appeals and writs of 
error to the Supreme Court will lie only in certain classes of cases. 
Much of the business of said counties will terminate in said court of 
appeals, and to that extent will the Supreme Court be relieved. 

Common pleas courts are abolished ; but such as are presided over 
by a circuit judge, and such as are organized in cities having over 
3,500 inhabitants, shall continue until otherwise provided bylaw. All 
other common pleas courts shall cease at the expiration of the terms 
of office of the present judges. 

In localities, other than county seats, where courts are needed, 
the General Assembly may require terms of the circuit court to be 
held. 

The jurisdiction of probate and county courts is defined and made 
uniform throughout the State. Probate courts are required in each 
county. County courts will consist of one or more judges, not exceed¬ 
ing three, as may be fixed by the General Assembly. Uniformity in 
our judicial system will thus be secured, and the State relieved of 
many courts of limited and uncertain jurisdiction. The number of 
judicial officers will be reduced, the entire machinery simplified and 





ADDRESS TO THE PEOPLE OF MISSOURI 


51 


rendered more efficient, while localities can be accommodated with 
courts as at present. 

EDUCATION. 

ihe maintenance of free public schools for the gratuitous instruc¬ 
tion of all children between the ages of six and twenty years is re¬ 
quired. The public school fund of the State is continued and securely 
guarded, and provision made for its gradual increase. Ample provision 
is also made for the preservation of county and township school funds. 
Whilst local taxation, when necessary for the maintenance of public 
schools, is still allowed, it is under such restrictions and limitations as 
will tend to prevent the abuses which have become so common under 
the present system. 


PUBLIC MONEYS. 

The proposed Constitution requires all State moneys to be kept 
on deposit to the credit of the State in some bank or banks, selected 
by the Treasurer, with the approval of the Governor and Attorney 
General, said bank giving security to the satisfaction of the Governor 
and Attorney General, and paying interest for the use of the money. 
Said funds can be drawn by the Treasurer only, as needed for pay¬ 
ment of warrants drawn on him by the Auditor. 

Under this change the public funds will be equally as secure as 
at present. 

Large amounts of State money are, of necessity, always on hand, 
the interest on which will thus be saved to the State. 

When large sums of public money are held by officers they are 
liable to be tempted to use it, or permit it to be used for private 
purposes, or in some unauthorized way, and whether they so use it or 
not, the opportunity of doing so subjects them to continual suspicion 
and criticism. The removal of such opportunity with the consequent 
opprobium will be a benefit to the office holder, if honest, and to the 
State, whether he is honest or not. 

REVENUE AND TAXATION. 

Provision is made for the material reduction of State taxes. 

An annual tax of twenty-five cents on the one hundred dollars is 
now levied, to be used only for the payment of the interest on the 
bonded debt of the State and the creation of a sinking fund for the 
redemption of the principal. 

The proposed Constitution directs that there shall be levied and 
collected an annual tax sufficient to pay the accruing interest on the 
bonded debt of the State, and to reduce the principal thereof each 
year by a sum not less than two hundred and fifty thousand dollars. 
This and all other State taxes are to be paid into the State Treasury, 
from which a sufficiency must be set apart, first, to pay all interest 
on the State debt as it matures, and at least two hundred and fifty 
thousand dollars annually on the principal, thus securing beyond a 
doubt the payment of the interest and a proportion of the principal 
each year, and at the same time requiring no larger tax for that pur¬ 
pose than actually necessary, and thus enabling the Legislature to re¬ 
duce it as the debt is reduced, and as the taxable property of the 
State shall be increased. At present the tax of twenty-five cents oil 
the one hundred dollars yields annually about four hundred and fifty 
thousand dollars—more than sufficient to pay the interest and two 







52 


ADDRESS TO THE PEOPLE OF MISSOURI. 


hundred and fifty thousand dollars on the principal, and this surplus 
will increase annually as the debt is reduced and the taxable prop¬ 
erty increased. The proposed change requires only a u tax sufficient ” 
to be levied; whereas, the present Constitution requires much more 
than is sufficient. 

To the imposition of taxes for county, township, city, town and 
school purposes a limit is fixed by the proposed Constitution, beyond 
which they cannot be increased. At present there is no such consti¬ 
tutional limit. 

Cemeteries are exempted from taxation. Property used exclu¬ 
sively for religious worship, for schools and purposes purely charita¬ 
ble, and for agricultural and horticultural societies may be exempted 
by the Legislature. Under the present Constitution no such property 
can be legally exempted. 

STATE AND MUNICIPAL INDEBTEDNESS. 

The General Assembly is prohibited from lending the credit of 
the State in aid of any corporation, and from paying or assuming the 
debts or liabilities of any public or other corporation, association or 
individual. 

Counties, townships, cities and towns are absolutely prohibited 
from making any subscription to the capital stock of any railroad or 
other corporation, and from granting aid in any manner to such cor¬ 
poration. 

No county, township, city, town or school district is permitted to 
create any indebtedness to an amount exceeding, in any year, the 
revenue for such year, unless authorized by a majority of two-thirds 
of the voters thereof; nor under any circumstances, even with such 
vote, to an amount, including existing indebtedness, exceeding five 
per cent, on the amount of taxable property therein, except for build¬ 
ing a courthouse or jail. 

For the want of such provisions many of our counties, cities and 
school districts are now burdened with debt and taxation to an alarm¬ 
ing extent. 


CORPORATIONS. 

Except for benevolent, religious, scientific or educational pur¬ 
poses, no corporation can be formed without payment to the State 
Treasurer, at the time of filing the articles of association, of the sum of 
fifty dollars, and more, if the capital exceeds $50,000. This will afford 
considerable revenue and discourage the formation of irresponsible 
companies. 

No corporation, public or private, can be created or have its char¬ 
ter amended by special law. 

It is made a criminal offence for the managers of banking institu¬ 
tions to receive deposits or create debts, after having knowledge of 
the fact that such institutions are insolvent or in failing circum¬ 
stances, and such managers are made individually liable lor all lia¬ 
bilities created under such circumstances with their assent. 

Railroads are declared public highways, and the General Assem¬ 
bly is authorized to establish maximum rates of charges, and to pro¬ 
vide against discriminations. 

No railroad corporation in existence at the time of the adoption 
of the new Constitution, can have the benefit of any future legisla¬ 
tion, except on condition of complete acceptance of that portion of the 
Constitution applicable to railroads. 





ADDRESS TO THE PEOPLE OE MISSOURI 


53 




NEW COUNTIES. 

No new county can be made unless a majority of the voters of all 
the counties from which the new county is to be formed shall first 
vote in favor of it. This will remove the contest for the formation of 
new counties from the General Assembly to the counties directly in¬ 
terested. When a new county is formed, the portion stricken off from 
any county shall be held liable for its ratable proportion of the debt 
of the county from which it is taken. 

CITIES AND TOWNS. 

Charters of cities and towns must be amended by general law. 
The advantages of this must be apparent. To illustrate—a single law 
will suffice for all cities and towns of the same class in the State; 
whereas, now a separate law must be passed for every city. Legisla¬ 
tion in the interest of individuals and cliques will be prevented, for 
while it is easy to procure the passage of an unjust law affecting 
but a single locality, in which none but the immediate representatives 
are interested, it would be difficult to procure the passage of a similar 
law affecting all localities of the same class. 

AMNESTY, 

At present no person can be proceeded against civilly or crimi¬ 
nally for any act done during the late civil war. under the military 
authority of the United States or of this State. The new Constitution 
extends the benefits of this provision to persons for acts done under 
the military authority of the late Confederate States, or any of them. 

TOWNSHIP ORGANIZATION. 

Counties desiring township organization may adopt it by a vote, 
and provision is made whereby those counties which have adopted it, 
may, by vote, dispense with it, if they desire to do so. 

WAR CLAIMS. 

Under an act of the General Assembly, entitled “Au act to audit 
and adjust the war debt of the State,” approved March 19,1874, claims 
have been audited amounting to millions of dollars, for which certifi¬ 
cates have been issued, signed by the State officers designated bylaw, 
reciting said claims as debts of the State, payable when they shall be 
collected from the United States. 

Most of these claims are found to be fraudulent. Even those 
which are just, are in reality claims against the United States, for 
which the State should in no case be held bound; still, in the certifi¬ 
cates issued, they are recited as debts of the State, and there is therefore 
danger that interested parties may induce the General xlssembly 
in an unguarded hour to recognize and pay them. To settle this mat¬ 
ter definitely and finally, it is provided that the Legislature shall never 
pay any of said claims, until the money therefor shall be actually re¬ 
ceived from the United States. 

CONCLUSION. 

Such are the principal changes proposed. They have not been 
adopted without due care and reflection, and while many of them are 









54 


ADDRESS TO THE PEOPLE OP MISSOURI. 


new in this State, most of them have been tried and are now in force 
in some one or more of our sister States. 

It will be seen that the end sought to be accomplished is to secure 
an efficient and economical administration of the several departments 
of the State government; and with this object in view, especial effort 
has been directed to secure the following results, to wit: Restrictions 
upon the powers of the legislative department; uniformity iu the 
organization and jurisdiction of the judicial department; limitations 
upon the power of all officials in the creation of debts; reduction of 
taxes of the State and of all counties, townships, cities, towns and 
school districts ; the removal of opportunity for private use of public 
moneys and a rigid economy in the expenditures thereof; prevention 
of abuse of power and corruption in office. 

Your own inclination and interests will lead you to examine 
closely, not only the changes herein referred to, but all the provisions 
of the Constitution now submitted to you, although it may not be all 
you desire, or all you think it ought to be, yet, if upon investigation 
and comparison, you conclude that, as a whole, it is preferable to the 
present Constitution, you will, of course, advocate and vote for it. 
You must select one or the other. As citizens having at heart the wel¬ 
fare and prosperity of the State, you will, doubtless, make such choice 
as will contribute to the best interests of our great and growing State. 

WM. CHRIS MAN, Chairman. 
ALBERT TODD, 

L. F. COTTEY, 

J. L. FARRIS, 

WASH. ADAMS, 

II. J. SPAUN HORST, 

A. Y. McKEE, 

R. W. FYAN, 

LOWNDES IT. DAVIS, 

M. McKILLOP, 

J. H. MAXEY, 

GEO. H. SHIELDS, 

J. H. SHANKLIN, 

Committee. 







CONSTITUTION 


OF TMK 


STATE OF MISSOURI, 


ADOPTED IN CONVENTION AUGUST 2,1875; 


AND AN ORDINANCK 



PROHIBITING THE PAYMENT OF MISSING RAILROAD BONDS; 


AI,SO, THE 


ADDRESS OF THE CONVENTION 


TO THE PEOPLE OF THE STATE. 


ELECTION: SATURDAY", OCTOBER 30, 1875. 


JEFFERSON CITY: 

REGAN & CARTER. STATE PRINTERS AND BINDERS. 

1875. 




















































































































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